Alimony doesn't always terminate upon the recipients remarriage

Someone once coined the phrase that "the devil is in the details". There are numerous wives tales that have withstood the test of time albeit without any basis in truth. One of those is that alimony will always terminate upon the subsequent remarriage of the recipient.

Alimony has been traced back to the old English common law and has been codified into state statutes in all 50 states. However, the law of each state is in some ways different than every other state.

Connecticut law does NOT automatically terminate the obligation to pay alimony or spousal support upon the recipients remarriage. The law of Connecticut is that it terminates upon the terms and conditions set forth in the Court order establishing the alimony order.

There were specific conditions of the Internal Revenue Code which spelled out the rules for alimony to be deductible by the payor and taxable to the recipient, among which was that such alimony must be pursuant to a Court order and, among other things, terminate upon the death of either party. However, alimony orders entered by a Court after December 31, 2018 are no longer tax effected under the Trump Tax Bill.

It is critical that your final divorce agreement be negotiated by a competent family lawyer. Otherwise you could find yourself paying or collecting alimony after the recipient remarries. The family lawyers at Duffy and Fasano have nearly half a century of experience assisting people who find themselves at one of the worst times of their lives. Call us for competent advice that won't result in your former spouse unknowingly getting a lifetime annuity that you never intended to fund. Make sure the details have been carefully considered because those details are critical.