- March 15, 2018
- Posted by: connernroberts
- Category: Family Law
When couples divorce in Tennessee, state legislation enables courts to get one spouse to provide financial backing to another ex-partner. These payments are called alimony. When the sustained partner remarries, however, the paying spouse will obviously seek ways to stop supporting him/her financially.
According to Tennessee legislation, spousal support ends immediately upon the remarriage. The paying partner does not have to go back to court for a separate court order ending alimony; she or he could just stop paying on the date of the sustained spouse’s marital relationship. The paying spouse still has to make any type of repayments that were ordered before the date of marriage.
On the other hand, the fact that your ex-spouse is getting married one more time doesn’t deny your obligation to pay lump-sum alimony. If a paying spouse was ordered to transfer property or make a lump-sum payment, you’re still obliged to do this by the court.
Under certain conditions, though, the paying spouse’s remarriage can impact alimony. If the paying partner’s financial obligations enhance substantially, the court will certainly review the decision with taking into account all various other factors and deciding whether to change the alimony payment or not.
Modification or Termination of Alimony in Chattanooga
Chattanooga courts have the power to increase or decrease periodic spousal support if either partner’s economic circumstances alter significantly, unless it is stated in the divorce decree particularly that support can not be modified. in this case, both parties are able to submit a motion to ask the court to change or terminate alimony.
The court could take into consideration any of the following factors when making a decision whether to modify the amount or term of spousal support alimony:
- the supported spouse’s inability to rehabilitate himself or herself
- a change in the supported spouse’s needs
- termination of child support
- the paying and supported spouses’ income or earning capacity
- either spouse’s remarriage
- either spouse’s violation of the divorce decree
- sale of the family home
If you require the modification of alimony in remarriage case, you should file a motion to customize or end alimony in your local circuit or chancery court clerk’s office. After that, the court will schedule a hearing where you’ll need to verify the changed circumstances that require the adjustment in alimony. Bear in mind that the adjustment must be considerable; a little raise for a sustained spouse or a tiny decline in earnings for a paying spouse are not likely to influence the amount of alimony.
You can stay clear of litigating if you as well as your ex-spouse agree to transform alimony. In this situation, put your brand-new contract in composing, ensure it’s signed by both partners, as well as submit it to the notary’s workplace for the judge’s authorization.
What If My Ex-Spouse Lives With Someone Else?
Usually when two single people are living together it is considered as cohabitation. In Tennessee, if the supported partner is cohabiting with another person, he or she will be viewed by the court as a person that doesn’t require support anymore, unless proven otherwise. The supported spouse would need to prove that he/she still has a need for some or every one of the alimony settlements the court formerly ordered. Alternatively, you can agree in your divorce decree that alimony finishes automatically after cohabitation.
In such situation. to modify or end alimony, you should gather proof revealing that your ex-spouse is living long-lasting with another individual, along with evidence that your ex-spouse’s economic demands have reduced as a result of the new living circumstances.
Amelia Roberts and Lisa Conner understand the legal and the emotional challenges you may be facing in your divorce. If you have added concerns regarding remarriage and also alimony, get in touch with Chattanooga alimony attorneys.