When Does Alimony Terminate on Remarriage in AZ?

Alimony, also known as spousal support or maintenance, is a legal obligation for one spouse to provide financial support to the other after a divorce or separation. In Arizona, the termination of alimony upon remarriage is determined by state law. Understanding these laws is crucial for both the paying and receiving parties involved. In this article, we will discuss when alimony terminates on remarriage in Arizona and answer some frequently asked questions.

In Arizona, alimony generally terminates upon the remarriage of the receiving spouse. This means that if the recipient of alimony decides to remarry, the paying spouse is no longer obligated to provide financial support. The reasoning behind this termination is that the recipient’s new spouse is expected to assume the role of financial support.

However, it is important to note that there are exceptions to this rule. If the divorce decree explicitly states that alimony will continue despite remarriage, then the receiving spouse will still be entitled to receive support even after getting remarried. Additionally, if the parties have negotiated and agreed upon a specific duration of alimony that extends beyond remarriage, the court will honor that agreement.

Now, let’s address some frequently asked questions about alimony termination on remarriage in Arizona:

1. Does alimony automatically terminate upon remarriage in Arizona?
Yes, alimony generally terminates upon the remarriage of the receiving spouse, unless stated otherwise in the divorce decree.

2. Can alimony continue if the receiving spouse remarries?
Alimony can continue if the divorce decree specifies that it will not terminate upon remarriage or if the parties have agreed upon a specific duration of alimony that extends beyond remarriage.

3. What if the receiving spouse cohabitates with a new partner instead of getting married?
In Arizona, cohabitation alone does not automatically terminate alimony. However, if the cohabitation leads to a financial partnership similar to marriage, the paying spouse may seek to modify or terminate alimony.

4. Can the paying spouse stop alimony payments without court approval after the receiving spouse remarries?
No, the paying spouse must petition the court to modify or terminate alimony upon remarriage.

5. Can the receiving spouse request alimony modification after remarrying?
Yes, the receiving spouse can request an alimony modification if there has been a significant change in circumstances, such as loss of employment or change in financial status.

6. Are there any circumstances where alimony continues even after remarriage?
Alimony can continue if the divorce decree or agreement specifically states that it will not terminate upon remarriage.

7. Can the paying spouse request reimbursement of alimony paid after the receiving spouse remarries?
No, alimony payments made before the remarriage cannot be reimbursed.

8. Can alimony be reinstated if the receiving spouse’s remarriage ends in divorce?
In Arizona, alimony cannot be reinstated after remarrying and subsequently divorcing.

9. What happens if the receiving spouse remarries but fails to disclose it to the paying spouse?
The paying spouse may seek legal action to terminate or modify alimony if they discover that the receiving spouse remarried without disclosing it.

Understanding the termination of alimony upon remarriage is essential for both the paying and receiving spouses in Arizona. It is important to consult with a family law attorney to ensure that your rights and obligations are properly addressed in your specific situation.