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How Remarriage in MA Affects Alimony & Child Support

How Remarriage in MA Affects Alimony & Child Support

Moving on after divorce can occasionally result in remarriage. However, a new marriage may have an impact on your current divorce order, especially regarding alimony and child support payments. You may also have questions whether you may have questions about whether or not alimony ends with remarriage.

How Remarriage Affects Alimony in MassachusettsDiscussing alimony, with wedding rings on the table.

If a supported spouse (i.e. the spouse who receives alimony payments) remarries, general term and rehabilitative alimony automatically end. On the other hand, the two types of alimony—reimbursement and transitional alimony—do not end. Additionally, alimony may continue of the supported spouse has a disabled or suffering from extreme poverty.

If a paying spouse remarries, his/her obligation to pay alimony to the supported spouse does not end. However, any additional household expenses related to remarriage, or even the new spouse’s income, may be taken into consideration by the state courts in deciding if a modification is required. In Massachusetts, the amount of alimony you can receive depends on the length of the marriage. For example, if you were married for five years or less, alimony may be required for up to 50 percent for the number of months married. You can read more from mass.gov.

How Remarriage Affects Child Support in Massachusetts

Although remarriage doesn’t end a parent’s obligation to pay child support, it may still have an impact. For example, if a paying parent remarries a wealthy spouse, it is possible his/her child support obligation will increase since the new spouse’s additional income enabled him/her to pay more support.

On the other hand, if a parent who has primary custody of a child remarries and noncustodial parent’s income has increased, the former cannot request additional support from the paying parent because his/her financial circumstances improved as a result of remarriage.

Alas, either parent can file a request to modify child support if there has been a significant change in circumstances. State courts often allow modification if the current order is at least three years old, a parent cannot provide health care coverage for the child, or there has been another material change in circumstances, such as getting fired or suffering a serious injury.

If you are interested in modifying a current alimony or child support order in Massachusetts, contact our Framingham family law attorneys at Barach Law Group LLC today.

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