Can You Terminate Alimony Payments in New York?
When a court orders a spouse to pay spousal maintenance or alimony to the other spouse during a divorce, it can be very difficult to terminate the alimony payments. Spousal maintenance is not awarded in every divorce case, but if there is a significant gap in one of the party’s finances or earning capacity then the court may see fit to award alimony payments to that spouse. When spousal maintenance is awarded, the payments depend on the duration of the marriage in question. New York State law outlines circumstances when spousal maintenance is appropriate, the guidelines for determining the amount of spousal maintenance, and the circumstances under which it can be modified or terminated. There are three circumstances under which spousal maintenance can be terminated in New York. We’ll discuss those below.
- When the recipient spouse remarries
Generally speaking, when the spouse who is receiving alimony has remarried, the alimony payments are terminated. This is true unless the divorce ruling specifically indicates that the receiving spouse may enter into another marriage while receiving alimony. In most cases, spousal support will come to an end once the recipient spouse enters into another marital relationship. If the recipient spouse continues to receive spousal support after entering into a new marriage, the spouse who is paying alimony or the obligor has a just cause to sue for reimbursement of those payments.
- When the recipient spouse cohabitates with a new partner
In New York, just as in the majority of states across the US, cohabitation with a new partner provides grounds for terminating spousal maintenance. However, it is important to recognize that cohabitation means more than the recipient’s spouse spending a night from time to time with their new partner. Cohabitation, in this case, refers to a romantic couple living together and acting as if they are married. In such a circumstance, it would be the duty of the obligor or the payer of alimony to prove that their ex-spouse is cohabitating with their new partner and thus is ineligible for spousal support.
- When there’s a change in the financial circumstances of the paying spouse
If there are significant changes to the financial status of the paying spouse or obligor, the obligor may consider petitioning the court to terminate or review the spousal support agreement. However, the change in financial circumstances must be significant to justify reviewing spousal support. Based on the obligor’s financial circumstances, the court could choose to reduce the payments or terminate them altogether.
Modifying spousal maintenance payments is a complex process. You may petition the court to end your alimony payments and they can deny your petition. Having a skilled attorney by your side is crucial to getting your alimony payments reduced or terminated.
Talk to a Westchester County family law attorney today
The Law Office of Robert S Sunshine represents the interests of Westchester County residents who are attempting to reduce, modify, or eliminate alimony payments to their former spouse. Call our Westchester County family lawyers today to schedule an appointment and we can begin discussing your next steps right away.
