This form of support for spouses following a divorce may not be ordered as often as it used to be, but it still has its place. When support is ordered, it usually has an expiration date based on events and situations. To find out how certain types of living arrangements can affect spousal support, read below.
Types of Spousal Support
Temporary support may be ordered, if a need is demonstrated, between the time the parties separate and the divorce is final. That type of support ends with the final petition. If spousal support is still needed, the party can be awarded either permanent support or rehabilitative support. Permanent support usually persists until one of the parties passes away or until the receiving party remarries. Rehabilitative spousal support is meant to end at a certain milestone. For example, a party may be awarded rehabilitative support during a job search, while completing an education, or during job training courses.
When Permanent Support Ends With Remarriage
The way this is handled varies by state. Some states automatically end spousal support upon the receiving spouse's remarriage. In other cases, the paying party requests a hearing and the support ends with a judge's order. In a few states, support does not automatically end, and a hearing is held to determine whether or not the spouse no longer requires financial support from the ex-spouse. If a spouse fails to inform the paying spouse of the remarriage, that party has the right to be reimbursed for any overages in some states.
When Support Goes to a Cohabitating Spouse
Some parties don't want to marry and just live together, but they may or may not still be entitled to spousal support. Though things vary by the state, the paying spouse can petition the court to stop the spousal support upon learning of the cohabitation. Just living together is not necessarily a reason for support to come to an end, however. For example, some take on a roommate and the relationship is not romantic. Even if there is a romantic relationship between the two cohabitants, the judge may look beyond the living situation to determine whether or not to cease support payments. The party may be asked to update their financial situation and the judge will take a new look at things. Some people are involved in relationships with parties that bring little to no extra money to the budget, and that could mean the spousal support order is left standing.
Whether you are the receiving or paying party, speak to a family law attorney about your spousal support situation when your living arrangements change.Share