Thinking about remarriage while still dealing with alimony from a past divorce? Or maybe your ex is the one getting married again, and you’re wondering what that means for the payments? In New Jersey, if the person receiving alimony remarries, those payments typically come to an end. But if it’s the person who’s paying alimony who gets remarried, the situation is different — the obligation usually continues, unless there’s been a major change in financial circumstances. And then there’s cohabitation, which isn’t quite the same as remarriage but can still impact alimony depending on the details.
Navigating these rules can get confusing fast, especially when life changes aren’t as straightforward as they look on paper. If you’re in this position or think you might be soon, it might be a good time to check in with a lawyer who knows the ins and outs of New Jersey family law. A short conversation can go a long way toward helping you figure out what comes next.
Alimony Basics in New Jersey
New Jersey law recognizes several types of alimony, and the applicable type depends on the circumstances:
- Open durational alimony usually comes up after longer marriages. There’s no set end date, but it can be reviewed or changed later if something significant happens.
- Limited duration alimony is more common after shorter marriages. It runs for a set period and gives the receiving spouse time to get financially stable.
- Rehabilitative alimony is meant to help someone get back into the workforce — maybe they need job training or time to finish a degree.
- Reimbursement alimony applies if one spouse helped the other pay for school or career training, with the idea that they’d both benefit in the future.
When a court is deciding whether alimony should be paid, and for how long, it looks at several factors including how long the marriage lasted, what kind of lifestyle the couple had, each person’s income and earning ability, and whether one of them gave up career opportunities for the family.
What Happens When the Receiving Spouse Remarries?
When someone receiving alimony gets married again after a divorce, it usually means those payments come to an end, at least in New Jersey. The idea is that once a person has a new spouse, they also have a new source of financial support, which takes the place of the alimony they were getting from their former partner.
New Jersey law is pretty clear on this. According to N.J.S.A. 2A:34-25, alimony stops once the supported spouse remarries, unless both people agreed to something different in their divorce settlement.
A few things to keep in mind:
- Alimony usually ends as of the remarriage date or the date the paying spouse files with the court, whichever comes later.
- This applies to most types of alimony, including open durational and limited duration.
- If your original agreement says support continues no matter what, that agreement would still stand.
If you’re paying alimony and you’ve heard your ex is getting remarried, it’s a good idea to check with a lawyer. Depending on how your payments are set up, you might need to file paperwork to make sure the court updates the order and the payments stop officially.
What If the Paying Spouse Remarries?
Getting remarried doesn’t automatically change your alimony payments if you’re the one paying. In New Jersey, the law doesn’t treat a new marriage as a reason to end or reduce what you owe, even if your expenses go up or your financial life changes. That’s because alimony is based on the situation at the time of your divorce, not what happens afterward. The court looks at what was fair back then, and a new relationship doesn’t erase that.
Now, if your financial circumstances change in a significant way, say your income drops or you take on major new responsibilities, iit might be worth asking the court to revisit the support order. But that’s something you’d need to clearly prove, and the court won’t consider your new partner’s income in the decision.
What About Cohabitation?
Cohabitation may impact alimony, but it’s not just about someone moving in with a new partner. If the person receiving alimony is living with someone in a way that resembles a marriage, including sharing bills, combining finances, or generally building a life together, that could be a reason to revisit the support arrangement.
The court looks at the full picture. Are they splitting expenses? Taking vacations together? Presenting themselves as a couple to friends and family? All of that can matter. And if the new relationship offers financial support, the paying spouse might have a case to reduce or stop alimony.
If you think cohabitation might be a factor in your case, it’s worth having a lawyer take a closer look. These situations are often more complicated than they seem, and having the right guidance can make all the difference.
Speak With a Family Lawyer From Carvajal Law and Learn More About Alimony in New Jersey
If you’re dealing with questions around alimony — especially with things changing like remarriage or cohabitation — it can be tough to know what actually applies to your situation. That’s where a quick conversation with a lawyer can really help.
At Carvajal Law, we’ve worked with people across New Jersey who just needed some clarity and direction. We’ll listen, explain what your options look like, and help you figure out the next step that makes sense for you.
Contact us whenever you’re ready, we’re here to talk.