The Impact of Remarriage on Alimony Obligations: Legal Implications and Potential Modifications

The Different Types of Alimony in Alabama

Before one can analyze the effect of remarriage, it is essential to identify the type of alimony in question. Alabama courts may award different forms of spousal support, and each is treated differently under the law. Your divorce decree should specify the type of alimony awarded.

• Periodic Alimony: This is the most common form of long-term spousal support. It involves regular payments (e.g., monthly) from one spouse to the other to help the receiving spouse maintain a standard of living similar to the one enjoyed during the marriage. Periodic alimony is typically modifiable and is the type most directly impacted by remarriage.
• Alimony in Gross: This is not truly support, but rather a form of property settlement. It is a fixed, total amount of money paid from one spouse to the other, often in installments over time. Alimony in gross is considered non-modifiable and is not subject to termination upon death or remarriage.
• Rehabilitative Alimony: This is a form of temporary, periodic alimony. It is awarded for a limited duration to provide the receiving spouse with the financial support needed to gain education, training, or work experience, allowing them to become self-sufficient. Like other forms of periodic alimony, it is generally modifiable and subject to termination.

For the remainder of this discussion, we will focus primarily on periodic and rehabilitative alimony, as these are the forms affected by a new relationship.

Does Remarriage Automatically Terminate Periodic Alimony in Alabama?

Yes. The law in Alabama is exceptionally clear on this point. For periodic alimony, termination upon the remarriage of the receiving spouse is automatic and legally required.

Alabama Code § 30-2-55 explicitly states: “Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony upon petition of a party to the decree and proof that the spouse receiving such alimony has remarried or is living openly or cohabiting with a member of the opposite sex.”

The key takeaway is that the receiving spouse’s right to periodic alimony legally ends the moment they remarry.

Is the Termination Procedurally Automatic?

While the legal right to alimony terminates upon remarriage, the obligation to pay does not just vanish from the court’s records on its own. The payor spouse should not simply stop making payments.

Doing so can be risky. If there is a court order or income withholding order in place, stopping payment without a new court order could technically place the payor in contempt of court, leading to potential arrears and legal fees.

The proper procedure is for the paying spouse to file a Petition to Terminate Alimony with the court. This petition formally notifies the court of the remarriage and requests an order that officially terminates the alimony obligation. The payor will need to provide proof of the remarriage, such as a certified copy of the new marriage certificate. Once the judge signs the order, the obligation is legally extinguished, and all related income withholding orders can be stopped.

What If the Receiving Spouse’s New Marriage Ends?

If the receiving spouse remarries, their right to periodic alimony is permanently terminated. If that new marriage later ends in divorce or annulment, the original alimony obligation is not reinstated. The termination is final. This is a significant factor for any alimony recipient to consider when contemplating remarriage.

How Does Alimony in Gross Differ?

This is a common point of confusion that can lead to costly legal mistakes. Alimony in gross is not affected by remarriage.

Because alimony in gross is considered a property settlement—part of the division of marital assets—it is a vested right. It represents a debt owed by one spouse to the other. The obligation to pay the full, agreed-upon amount does not change, regardless of whether the receiving spouse remarries, cohabits, or experiences any other change in circumstances. If your decree awards “alimony in gross,” those payments must continue until the full amount is paid.

The Impact of Cohabitation: A “De Facto” Marriage

The law in Alabama recognizes that some couples may choose to live together and share a life without formally marrying. As noted in Alabama Code § 30-2-55, periodic alimony can also be terminated if the receiving spouse “is living openly or cohabiting with a member of the opposite sex.”

This is a much more complex situation than remarriage. There is no certificate to prove cohabitation. The burden falls entirely on the paying spouse to file a petition and prove to the court that the receiving spouse is, in fact, cohabiting.

What is the Legal Standard for Proving Cohabitation in Alabama?

Alabama courts have established a high standard for proving cohabitation. A judge will not terminate alimony simply because the receiving spouse has a new boyfriend or girlfriend or even an occasional overnight guest.

To terminate alimony, the paying spouse must prove that the receiving spouse is engaged in a relationship that is tantamount to a “de facto marriage.” The court will conduct a fact-intensive inquiry to determine the nature of the relationship. Factors that indicate cohabitation include:

• Sharing a Common Residence: Does the new partner live with the alimony recipient on a full-time or near-full-time basis?
• Intimate or Sexual Relationship: Is there evidence of a romantic relationship, not just a roommate situation?
• Financial Intertwining: This is often the most telling factor. Are they sharing bills, holding joint bank accounts, naming each other on leases or deeds, or making large purchases together?
• Public Representation: Do they present themselves to friends, family, and the community as a couple? This can include social media posts, attending family functions, and sharing holidays.
• Shared Life: Do they function as a single household unit, sharing meals, chores, and household responsibilities?

Simply dating someone is not enough. The payor must provide substantial evidence that the recipient and their new partner are living together as if married and are mutually supporting one another.

What Evidence is Used to Prove Cohabitation?

Gathering the evidence needed to meet this high standard can be difficult. The payor spouse, through their attorney, may need to conduct formal discovery, which can include:

• Subpoenaing Financial Records: Bank statements, utility bills, and lease agreements can show shared financial responsibilities.
• Depositions: Questioning the receiving spouse, the new partner, friends, or family members under oath.
• Social Media Evidence: Posts, photos, and relationship status changes can be powerful evidence.
• Witness Testimony: Statements from neighbors or acquaintances who can attest to the living arrangement.
• Private Investigator: In some cases, a private investigator may be retained to document the new partner’s presence at the recipient’s home.

If the court is convinced by the evidence that a de facto marriage exists, it will issue an order terminating the periodic alimony obligation.

What if the Paying Spouse Remarries?

This is another common question. Does the payor’s own remarriage affect their obligation to pay alimony?

The answer is no, not automatically. The paying spouse’s remarriage does not, by itself, terminate or reduce their alimony obligation.

However, the remarriage may create a “material change in circumstances” that could warrant a modification (a reduction, not termination) of the alimony amount. For example:

• The new marriage may result in new financial obligations, such as supporting step-children or a new spouse who does not work.
• This change in the payor’s household expenses could impact their “ability to pay” the original alimony amount.

To seek a reduction, the paying spouse must file a Petition to Modify Alimony. The court will then analyze the complete financial picture of all parties involved. This includes the payor’s income and new household expenses, as well as the receiving spouse’s current financial needs. It is not a guaranteed reduction; a court may find that the payor still has the ability to pay, even with a new family.

The Importance of Following Formal Legal Procedures

Whether you are the payor or the payee, you must follow proper legal channels.

• For the Paying Spouse: Do not stop payments without a court order. This can lead to contempt charges, a judgment for arrears (past-due alimony), and an order to pay your ex-spouse’s attorney fees.
• For the Receiving Spouse: Do not attempt to hide a remarriage or cohabitation. If a payor discovers this, a court may not only terminate the alimony but also, in some situations, order you to pay back the alimony you received after the date of your remarriage.

Any change to a court-ordered alimony obligation must be approved by a judge.

Contact Coumanis & York, P.C. for Guidance on Alimony Modifications

Alimony obligations are a central part of many divorce agreements, and any change to those obligations must be handled with legal precision. Whether you are a payor who believes your obligation should end due to a remarriage or cohabitation, or a payee facing a petition to modify your support, your financial future is on the line. The attorneys at Coumanis & York, P.C. are dedicated to helping Alabama families navigate these difficult post-divorce challenges. We can review your divorce decree, explain your rights under Alabama law, and build a clear strategy to protect your interests.

Contact us today at 251-336-3121 for a consultation to discuss your situation and learn how we can assist you.