Does Spousal Support Continue if One of Us Remarries?

Oct 1, 2024

When a marriage ends, the aftermath can be emotionally stressful especially when there is a division of finances. One of the most frequently asked questions surrounding divorce is about spousal support—often referred to as alimony. If you or your former spouse remarries, how does that impact the spousal support payments? Let’s explore the nuances and anomalies of this important topic for those going through a separation or divorce.

Understanding Your Rights Regarding Spousal Support

Spousal support is designed to provide financial assistance to a lower-earning or non-working spouse during and after a divorce. The goal is to help maintain a similar standard of living to what was experienced during the marriage. Factors such as the duration of the marriage, the financial status of both parties, and the needs of the recipient spouse all play a role in determining the amount and duration of support.

Does Remarriage Terminate Spousal Support?

In Ontario, spousal support does not necessarily end the obligation when one remarries, The rationale behind this is straightforward: the new marriage is considered a partnership that can provide financial support. However, this is not universally true, and each case is unique. There are a plethora of factors to consider in terms of roles and responsibilities in the past marriage, income and even dependants play a factor in how spousal support plays out after one remarries.

Type of Spousal Support to Know

In Ontario, spousal support can be categorized as follows:

Compensatory Support: This support is intended to compensate the recipient spouse for economic disadvantages incurred during the marriage or as a result of the marriage breakdown.

Non- CompensatorySupport: This support is based on needs of the recipient spouse and economic hardship faced as a result of the breakdown of the marriage.

Temporary Support: This type is often awarded to help one spouse during the divorce process, covering living expenses while the final settlement is negotiated.

Periodic or Lump Sum Spousal Support: Spousal Support can be paid as a one time lump sum or as regular, ongoing payments for a specific or indefinite amount of time. Indefinite support may be awarded in long-term marriages where the recipient spouse may have difficulty achieving self-sufficiency due to age, health, or other factors. In some cases, this support may continue regardless of remarriage, depending on specific circumstances.

Change in Circumstances: Cohabitation or Remarriage in Ontario

Spousal support is generally reviewable in the event of a material change in circumstances. Remarrying or re-partnering does not mean automatic termination of spousal support, but it may be a change in circumstances that could affect spousal support.. Even in the absence of remarriage, a significant change in circumstances—such as a substantial increase in the recipient spouse’s income or improved financial situation—could lead to a modification or termination of spousal support in Ontario. The courts aim to ensure that spousal support remains fair and equitable based on current conditions.

Your Next Steps

If you are currently receiving or paying spousal support and are considering remarriage, it’s crucial to have a clear understanding of how it could affect your financial situation. Here are some steps you can take:

Consult a Family Law Lawyer: A knowledgeable Family Law Lawyer can provide insights tailored to your situation and help you navigate any legal complexities.

Review Your Separation Agreement : Go through your Separation Agreement agreement to see if it addresses spousal support and remarriage. This can provide clarity on what to expect, a family law lawyer can help you review your agreement.

Consider Mediation: If there are disputes regarding spousal support, mediation can be a helpful way to resolve issues without going back to court.

Understanding the impact of remarriage on spousal support can ensure you are entitled to your rights.. If you have questions about your rights or obligations, don’t hesitate to seek legal counsel. At Kelly Jordan Family Law, we are here to help guide you through these challenges with compassion and expertise.

Contact Kelly Jordan Family Law Today: Your Family Law and Mediation Expert

Our experienced team of family lawyers is dedicated to providing compassionate and effective legal counsel. Whether you’re facing the complexities of separation, divorce, estate planning or spousal support, we can help.

You can contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need during this challenging time.