Can I get alimony if my former spouse remarries someone wealthy?
Can I Get Alimony If My Former Spouse Remarries Someone Wealthier?
Alimony is a right that you can obtain even if your former spouse remarries someone who has much more money. However, the paying spouse has the right to request a decrease in the amount of alimony that you are required to pay. This is called an escalator clause in your alimony award.
Modification of alimony order
A former spouse's remarriage may cause a change in his or her financial circumstances. If this change is significant, it may lead to a modification of the alimony order. Other reasons for a modification may be the passage of time or a decrease in income. To determine if a modification is possible, contact a local family law attorney.
Whether alimony can be changed is a complicated process. First, the former spouse must show a significant change in his or her circumstances. This change in circumstances must be permanent and material. It also must be something that was not anticipated at the time of the original order. Examples of such changes may include medical problems, long-term unemployment, forced retirement, a large inheritance, cohabitation, or the cost of living rising significantly. In some cases, both parties must convince the judge to modify the order.
Modification of alimony order if a former spouse remarries someone wealthy might not be possible. In such cases, the person paying alimony must prove that his or her circumstances have changed dramatically. The court may not approve a modification if the new partner's income is moderately higher or lower.
Why You Should Consult Your Divorce Attorney About Alimony
Alimony lawyers are experienced in assisting people with spousal support issues. They can give advice and help determine whether the request you're making is reasonable and will not burden you financially. They can also tell you how long the process will take and how to approach the case.
The duration of the marriage is a key factor in determining alimony. If the marriage was very short, you are unlikely to qualify for alimony. Typically, alimony payments will be monthly. However, judges can also order lump sum alimony payments, which can be in the form of cash or a transfer of property. These payments will be separate from the regular property division process.
Alimony is one of the most contentious issues in a divorce. A spouse gets used to a certain lifestyle during the marriage and may not want to give that up after the marriage ends. The court takes the need for alimony into consideration, as well as the other spouse's ability to provide. It is a complicated area of divorce law, and it is important to seek legal advice before making any final decisions.
The amount of alimony you pay can vary depending on your state's laws. A lump-sum award can't be undone, but a periodic payment can be modified or even terminated if your circumstances change significantly.
If you have any questions, you can get a free consultation with the Best Attorneys in Utah.
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506