Once a divorce is finalized, it is not uncommon for one or both parties to remarry a few years—or a few months—later down the road. It is important to understand that remarriage can affect several aspects of a divorce decree, including alimony and child support.
How Remarriage Affects Spousal Support Obligations
When a supported spouse remarries, alimony automatically ends. However, it is possible that some divorce orders—such as lump sum alimony—or a recipient spouse’s disability allow spousal support to continue after remarriage.
If a supported spouse moves in with a new lover, the paying spouse may seek spousal support modification. The alimony arrangement may be adjusted by the financial assistance he/she receives due to the new living situation.
By contrast, when a paying spouse remarries, their alimony obligation will still continue. In rare instances, remarriage of a paying spouse may be grounds for modification, only if he/she is unable to meet his/her own financial needs while paying spousal maintenance.
How Remarriage Affects Child Support Obligations
In most cases, remarriage doesn’t have an impact on child support payments. Both parents have a continuing responsibility to provide support for their kids.
However, a new spouse’s income can be considered when it comes to child support modification due to the new spouse’s income or household contributions. A court can consider each parent’s income and basic expenses when determining is modification is appropriate. So if a custodial parent is spending less money on the household since the new spouse significantly helps with those costs, the paying spouse may seek modification.
If a paying parent remarries and has a child, Kentucky law allows a reduction in child support.
Interested in Modification? Let Our Louisville Family Law Attorney Help!
If you believe you qualify for alimony or child support modification in Kentucky, our experienced legal team at Louis P. Winner can evaluate your situation and determine whether or not it is possible to modify your current order. We understand that life is full of changes and will do whatever it takes to protect your rights and best interests.
For more information about our legal services, contact us and request a consultation today.