When your ex-husband remarries, you may wonder what that means for your spousal support. In Virginia, the answer depends on a few key factors, including your own marital status and the specific terms of your court order.
Here’s what you should know to protect your rights and prepare for any changes.
His remarriage doesn’t end support
Your ex-husband’s decision to remarry doesn’t automatically end his obligation to pay you spousal support. In Virginia, spousal support is based on need and financial circumstances, not your ex’s new relationship. Unless your divorce decree includes a special condition, his remarriage won’t change his legal responsibility to pay.
That said, he can still request a modification. If he believes his financial situation has changed significantly, he can go to court and ask for a reduction or termination. However, remarriage alone usually isn’t enough for a judge to grant that request.
Your remarriage or cohabitation might
Unlike your ex’s situation, your own remarriage will almost always affect support. In most cases, if you remarry, your right to receive spousal support automatically ends. That applies even if you still have financial needs.
If you’re not married but living with someone in a romantic relationship for over a year, that could also affect support. Virginia courts consider long-term cohabitation a valid reason to end or reduce payments. This is only if your ex could prove that the relationship is similar to a marriage.
Check your divorce agreement
Not all spousal support orders are the same. Some include unmodifiable terms, which means that support continues regardless of remarriage or cohabitation. Others might outline conditions that override the usual rules.
To be sure of your rights, you should review several important documents. Here are the key items to examine:
- Review your divorce decree or settlement agreement
- Take note of any language that limits or protects your support
If there is anything that you are not clear on, speaking with a family law attorney might help.
These steps will help you understand exactly what your agreement says about remarriage and support modifications. Understanding your spousal support rights helps you make confident decisions after divorce.
