In What Ways Can Remarriage Affect a Divorce Decree?

 Posted on June 22, 2023 in Alimony

In Illinois, divorce decrees are legal documentation of a divorce settlement that provides both parties with an agreement on how they will divide their assets and debts and decide issues such as child custody, child support, and spousal maintenance. When a divorce decree is established, the terms set out within it serve as the legal outline of how the obligations of either party to the agreement will continue. One such of these obligations is spousal support, which is affected by remarriage in Illinois.

To ensure you understand how your divorce decree will be affected by you or your spouse remarrying, contact an experienced divorce attorney to ensure you completely understand the ways a remarriage will affect your divorce decree.

What You Need to Know About Spousal Support and Remarriage

When a receiving spouse remarries in Illinois, both spousal support and maintenance obligations end based on statutory stipulations. If the paying spouse remarries, their obligation to send alimony to their ex-spouse does not end. A receiving spouse in Illinois is expected to promptly and diligently notify their ex-spouse of their marriage. In cases where someone receiving payments gets remarried and fails to notify their ex-spouse, the paying spouse may be entitled to reimbursement of spousal support obligations once they are made aware of their ex-spouse's remarriage.

Is Remarriage the Only Time Spousal Support Can Be Terminated?

It is important to note that remarriage is not the only circumstance where spousal support can be terminated. In cases where the spouse receiving support starts cohabitating with another person, constituting a supportive relationship, these are grounds for ending spousal support. Cases of cohabitation and the ending of alimony can be a little trickier to navigate, as there is no explicit requirement for the receiving spouse to notify their ex-spouse of their cohabitation with another person. As such, the court may have to determine when cohabitation began so that the court can then figure out when precisely spousal support obligations were terminated.

Contact a DuPage County Divorce Attorney

It is crucial that individuals understand their rights and obligations regarding their divorce decree and how getting remarried may affect the decree. If you have questions or concerns regarding your responsibilities with your divorce decree, especially when you or your ex-spouse has remarried, contact the skilled Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.

Source - https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm