How Remarriage and New Relationships Affect Spousal Maintenance in AZ
How Remarriage and New Relationships Affect Spousal Maintenance Under New Statutes
Have you decided to start dating again after getting divorced? Maybe you’re already living with a new love interest or even engaged to be married. Moving on after your past relationship is healthy, but before you pop the champagne, consider how this new life chapter might affect your spousal maintenance in Arizona.
Remarriage Means No More Alimony
If you’re receiving spousal maintenance and decide to remarry, those payments will come to an end. The logic is straightforward—you should now share financial responsibilities with your new spouse, negating the need for support from your ex. It’s important to note that if the paying spouse gets remarried, this does not affect alimony payments.
Arizona Revised Statutes § 25-327(B) states: “Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.”
This provision makes it clear that the termination of spousal support is automatic upon your remarriage; no need for a court order. However, it’s wise to inform the court and your former spouse that you’re getting remarried to update the official record and avoid misunderstandings.
Failure to communicate is often viewed as an intentional move to continue receiving alimony while enjoying financial support from your new spouse. Courts take a dim view of concealing this information. Your ex may seek reimbursement for the payments they made after you remarried. If they can prove their case, the judge may even order you to cover your ex’s attorney fees. In short, honesty is the best policy to ensure a fair, financially equitable split.
Cohabitation is a Gray Area
What if you’re not walking down the aisle but moving in with a new partner? Unlike remarriage, Arizona law doesn’t automatically terminate alimony in cases of cohabitation. However, if your ex can prove that your new living arrangement significantly improves your financial situation, they might have grounds to request a modification or termination of spousal maintenance.
Petitioning the court for modification based on cohabitation requires clear, extensive evidence. The payer has the burden of proof, and the court will decide how to proceed based on the specifics of the case.
Seek Legal Advice in Tucson, AZ
Before making significant life changes like remarriage or cohabitation after divorce, consult a family law attorney at the Law Office of Hector A. Montoya, P.L.L.C. As one of Tucson’s top family law practices, we can provide personalized guidance based on your situation, helping you avoid legal missteps on your path to a better relationship.
Hector A. Montoya has over 30 years of family law experience, with a background in business and finance that helps our team handle high-asset divorces and complex family law issues in Pima County. Our dedicated support staff offers compassionate, one-on-one assistance to ensure complete transparency and trust. Contact us today to schedule a free consultation at our Tucson office, and we’ll discuss your unique situation in detail.