Most likely not. In most circumstances, remarriage automatically terminates the right to receive alimony. Additionally, if you are receiving alimony and remarry, you may be required to affirmatively advise your former spouse immediately. There have been some cases where the spouse receiving support failed to advise their former spouse of their remarriage and the courts awarded reimbursement of the support received after the date of the second marriage as well as an award of the paying spouse’s counsel fees.
However, it is possible to contract for the receipt of alimony after your remarriage. For example, a spouse may be entitled to receive open durational alimony of a certain amount, but may be willing to accept a lesser amount for a shorter fixed duration in order to know that alimony may not be modified regardless of remarriage. Although this is not common, it is possible.
Diana N. Fredericks, a family law attorney at Gebhardt & Kiefer, P.C. Diana works with clients whose needs lie in all areas of matrimonial and family law.
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