What Happens When My Ex-Spouse Remarries in NY?
After your New York divorce is settled, you will surely as though a burden as been lifted off of your shoulders. You may be relieved to believe that you no longer have to deal with your spouse or communicate with them on a regular basis. However, if you are paying spousal support or you and your spouse share custody of your children, you are likely going to have to communicate with them consistently in some manner for some time. If they get remarried though, that could change. Here’s what you should know and how an experienced Long Island divorce attorney can help you.
You May No Longer Be Required to Make Alimony Payments
If a judge has ordered you to pay spousal support, one of the most significant impacts your spouse getting married again has is on alimony payments. In almost all cases, spousal maintenance will be discontinued at the time the receiving spouse gets married to someone else. This is the case whether or not the new marriage affords them more or less funding than what you were paying in support.
That said, you are not legally able to stop paying spousal support as soon as your ex-spouse gets remarried. You must first file a motion to have your alimony modified with the family court in your jurisdiction. If you simply stop paying before being awarded a modification, you could be held in contempt of court.
You May Have Longer Visitation with Your Kids
If you share children with your spouse and they get married to someone else, it may be beneficial or desirable for your custody and visitation schedule to change. It’s likely that your spouse will request that you have the children more often, so they can enjoy the honeymoon phase of their new relationship. But it’s important to note that you do not have to agree to amend your visitation schedule for the benefit of your spouse, especially if this is not in the best interests of your children.
Like with spousal support, it’s critical that you do not change your custody schedule without prior approval from a judge. For example, if you keep your children longer than court ordered, and your spouse reports you, you may be subject to parental kidnapping charges. Even if you and your ex first agree on the changes, you have no protection if they later change their mind or use the situation to exact revenge.
It May Set You Back Emotionally
Watching your spouse become happy with another person can be emotionally devastating, even if you have been divorced for quite some time. Many divorced people are surprised when they begin to feel emotional about their ex getting remarried. Even when they’ve come to terms with or have no desire to get back together with their ex spouse, they do not expect to have strong feelings about their ex-spouse getting with someone else. But regardless of whether or not you would date your ex-spouse again, seeing them smile and laugh with another romantic partner can be a significant blow to the ego. If this happens, there is no shame in reaching out for professional support from a counselor, psychologist, or therapist. A professional can help you understand your feelings and help you move on without anger or resentment.
Your Ex-Spouse May Lose Access to Your Social Security
Your spouse has the right to collect Social Security from your earnings at their retirement age, provided they have not gotten married to someone else since your divorce. Once they remarry, they will likely lose this benefit, with the exception of a few special circumstances. Whether or not your spouse collects Social Security from your marriage, your own benefits should not be affected.
The Experienced Attorneys at Hornberger Verbitsky, P.C. Can Help
If your ex receives alimony and has gotten remarried, you are considering getting a divorce, or your spouse has served you with divorce papers or discussed their intent to dissolve your marriage, it’s in your best interests to reach out to an experienced divorce lawyer and family law attorney as quickly as possible to protect your family’s best interests. Veteran Long Island divorce lawyers Hornberger Verbitsky, P.C. can help guide you through the complicated process of getting a divorce and advocating for child custody and alimony modifications in the event that your ex gets remarried.
Contact us today to schedule your legal consultation at our office by dialing 631-923-1910 or filling out the short form on this page. Our experience team of compassionate family law attorneys are available now to assist you.
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