When couples finalize their divorce and take some time to move on with their lives, it is not uncommon for one or both individuals to enter a new marriage. However, it is important to understand how remarriage affects a previous divorce agreement in Nevada.
Impact of Remarriage on Alimony
When a supported spouse (i.e. the spouse receiving spousal support) remarries, permanent alimony automatically ends. On the other hand, if a paying spouse enters new marriage, alimony payments still need to be made to the supported spouse. If there is a significant and negative change in the paying spouse’s finances, it is possible for him/her to seek modification.
If a supported spouse cohabitates with a new romantic partner, the paying spouse may seek a modification to reduce alimony payments if the supported spouse is receiving financial support from the cohabitating partner. However, if the divorce decree states that cohabitation by the supported spouse terminates alimony, then the parties must adhere to the order.
Impact of Remarriage on Child Support
Remarriage alone doesn’t have a substantial effect on child support payments in Nevada since parents are obligated to financially support their children. However, a parent can attempt to modify child support if either parent experiences a significant change in circumstances.
For example, if a custodial parent’s new spouse makes financial contributions to the household, the noncustodial parent may attempt to lower child support payments because the custodial parent will have more funds to take care of the child. By contrast, if a noncustodial parent’s new spouse makes financial contributions to the household, the custodial parent may try to increase child support payments.
If a noncustodial parent has additional children as a result of a new marriage, the court may take into consideration his/her children form a current and previous marriage when deciding whether to modify child support payments.
If you or your spouse gets remarried, contact our Henderson family law attorney at Ford & Friedman and schedule a consultation to learn what it means for your current divorce decree.