Divorce does not always result in an instantaneous elimination of financial obligations between spouses. Depending on the contents of the marital estate, it can take months to finalize property division matters.
In certain scenarios, one spouse may have to provide ongoing financial support to the other. What people in other states call alimony is spousal maintenance under Missouri state law. Spousal maintenance rules allow the family courts to order support payments from one spouse to the other. Typically, maintenance orders last for a specific amount of time and involve a set monthly amount of financial support. Certain situations can alter spousal maintenance obligations.
Can remarriage affect a maintenance order?
Recipient remarriage can end maintenance obligations
Changes to financial circumstances can lead to maintenance modifications. If the paying spouse has a medical emergency or loses their job, they can sometimes ask to reduce their spousal maintenance obligations based on their current ability to pay.
The remarriage of the paying spouse usually does not impact spousal maintenance. Choosing to remarry and accepting financial responsibility for a new spouse does not eliminate the court-ordered responsibility to provide financial support for a former spouse.
However, the situation is different if the recipient spouse remarries. According to state statutes, spousal maintenance obligations end on the date that the recipient spouse marries. The paying spouse typically does not need to request a formal modification or continue making payments until they go in front of the courts.
So long as there is proof of a legally solemnized marriage, they can end their maintenance payments. They may be able to end the maintenance payments even if their spouse has not yet remarried.
If the recipient spouse has begun cohabitating with their new partner, that could be grounds to request a support modification. If the paying spouse can establish that the recipient spouse has what is effectively a marital relationship with their cohabitating romantic partner and that they receive financial support from that individual, the courts may agree to reduce or terminate spousal maintenance payments.
Learning more about the rules that govern spousal maintenance and other divorce-related financial obligations can help people rebuild their lives and their finances. The termination of spousal maintenance can make it much easier for the paying spouse to balance their budget and meet their own financial needs.
