SS and New Partner/Remarriage
Does spousal support end if you remarry?
Generally, spousal support does not automatically end upon remarriage of the recipient.
There are no one rule that applies to spousal support.
It depends on the terms specified in the separation agreement or court order.
However, remarriage can be a significant factor in a motion to vary support, where the payer might argue that the recipient’s financial needs have decreased.
What are the two types of spousal support?
The two main types of spousal support are as follows:
- compensatory (give up career) and
- non-compensatory (needs-based).
Compensatory support is awarded to compensate a spouse for sacrifices made during the marriage that affected their earning capacity (financial and/or professional sacrifices), while non-compensatory support is aimed at meeting the financial needs of a dependent spouse.
Which type might be terminated with remarriage?
The type of compensation affects whether or not it is terminated with remarriage.
Compensatory support may continue even after remarriage, especially if it was awarded for long-term economic impacts from the marriage.
However, non-compensatory support is more likely to be reconsidered upon the remarriage of the recipient, as it is primarily based on need.