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Can I cancel spousal support after my ex-husband remarried?

Can I cancel spousal support after my ex-husband remarried?

Q: Can a divorce decree expire?

A divorce decree itself does not expire; it remains in effect until modified or terminated by a court. However, specific obligations, like alimony or child support, may have set durations or conditions for termination. It's essential to review the terms of the decree and consult with a legal professional for clarity.

Q: How long do most men pay alimony?

The length of time men pay alimony varies based on state laws and individual circumstances. Typically, alimony may last for a few months to several years, depending on factors like the marriage's duration and the recipient's financial needs. In some cases, alimony can be permanent, especially in long-term marriages.

Q: What makes a divorce decree invalid?

A divorce decree can be considered invalid if it was obtained through fraud, coercion, or if one party did not have the legal capacity to consent. Additionally, if the court lacked jurisdiction, the decree may be void. It's crucial to consult legal counsel if you believe a decree is invalid.

Q: What happens if an ex-spouse doesn't follow the divorce decree?

If an ex-spouse fails to comply with the divorce decree, the affected party can file a motion with the court to enforce the decree. This may lead to various remedies, including modification of terms, wage garnishment, or even contempt of court charges against the non-compliant ex-spouse.

Full question:

I divorced my husband about 8 months back. Although, I was successful in obtaining the decree of divorce, I was ordered by the court to pay a spousal support of $1150 every month until such time that he is able to find himself a job or remarry. When he started earning $300 from his part-time job, the court modified the support payment to $850 every month. He remarried about two months back and is living with his present wife in her apartment. Can I approach the court for canceling the spousal support completely?

Category: Divorce
Subcategory: Spousal Support
Date: 04/07/2025
State: Ohio

Answer:

Spousal support aims to reduce the economic impact of divorce by providing income to a lower-wage-earning or non-working spouse. In Ohio, spousal support is governed by ORC Ann. 3105.18, which allows for modifications based on changed circumstances.

According to this law, a court can modify spousal support if there is a substantial change in circumstances that makes the current support amount unreasonable. One significant change is the remarriage of the recipient. Since your ex-husband has remarried, you can petition the court to terminate the spousal support payments.

Therefore, you may approach the court to request a complete cancellation of the spousal support due to your ex-husband's new marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the average alimony payment in the US?

The average alimony payment in the U.S. varies widely based on factors such as income, length of marriage, and state laws. Generally, alimony can range from a few hundred to several thousand dollars per month. In many cases, courts consider the recipient's needs and the payer's ability to pay. It's important to consult local laws and specific case details for accurate figures.

How long do most alimony payments last?

The duration of alimony payments can vary significantly. In many cases, payments last for a set period, often equal to half the length of the marriage. However, permanent alimony may be awarded in long-term marriages. Factors such as the recipient's financial situation and any changes in circumstances can also influence the duration.