Alimony May Not Continue After Remarriage In Rhode Island

Collecting Alimony Payments After Remarriage

Alimony is supposed to provide rehabilitative payments to a spouse who may not have the ability to earn a sustainable living. These payments are meant to offer temporary support, allowing a spouse to get a degree, search for a job, or otherwise become self-sufficient. As a result, Rhode Island law states that a spouse’s obligation to pay alimony terminates when a recipient spouse remarries, since the new spouse would presumably be able to offer financial support.

While a property settlement agreement created during a divorce may allow alimony to continue after remarriage, this can create further difficulties, including:

Tax considerations.

Alimony is taxed differently than other payments received from a former spouse. After remarriage, spousal support payments do not qualify as “alimony” and are no longer eligible for federal tax benefits.

Ability to pay.

If an ex-spouse loses the financial ability to continue to provide alimony, a court may find that the obligation is not necessary and discontinue payments.

Other concessions.

A provision in the property settlement agreement securing future alimony after remarriage may come at a cost such as relinquishing family heirlooms, investment accounts, or other items of value.

Since alimony payments depend on so many unpredictable factors, the most effective method of protecting your future is to make provisions during the divorce that end your reliance on your former spouse.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

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Will my alimony payments continue if I remarry?

Collecting Alimony Payments After Remarriage

Tax considerations.

Ability to pay.

Other concessions.

Do You Need To Speak To A Rhode Island Divorce Attorney?