If you are receiving alimony in New Jersey, you have some difficult decisions to make if you decide you want to remarry. Under NJ law, alimony terminates upon the remarriage of the recipient regardless of the individuals financial circumstances at the time of the remarriage. There is certainly a benefit to moving on with your life and it is almost impossible to put a price tag on happiness. However, it would be imprudent to ignore the financial consequences of this next stage of your life.
Perhaps you genuinely need the ongoing alimony payments for financial support. Maybe you spent a great deal of time and money negotiation the alimony terms of your settlement and now risk losing the benefit you bargained for. Be honest with yourself over the long term stability of your new relationship. Are you willing to risk the security the alimony may provide. Should the new marriage end, your prior alimony award is not reinstated.
If you are hedging your bet and decide to simply live together with your new significant other, you may not be on solid ground. Whereas remarriage results in an automatic terminaton of alimony, c0habitation can result in a modification or termination of the alimony obligation as well. It is not autiomatic and depends on the particular facts and circumstances. If you are divorced, receiving alimony, and contemplating remarriage you would be well advised to consult with an experienced divorce attorney to review your situation and assess your risks.
On the flip side, if you are paying alimony, your remarriage does not impact your alimony obligation. However, be vigilant as the developments in your former spouse’s life. Are they cohabitating? Have they gotten engaged or remarried? Should you learn of these developments, consult with your attorney to see if you are entitled to relief.
