Will I receive alimony? By: Daniel A. Gwinn, Esq.

Dan Gwinn New Head ShotThis week’s question: Will I receive alimony? QUESTION: I’m getting a divorce, and want to know if I can still receive alimony, whether or not I remarry or live with someone.

ANSWER:    The good news is there’s nothing in the law that says you can’t receive alimony after remarriage (or living with someone); the bad news is that a court may order termination of alimony on remarriage, unless there is an agreement to the contrary specifically stated in the judgment of divorce. If your spouse agrees to pay alimony, regardless of your marital status or living arrangements, that agreement is perfectly legal. The hard part will likely be getting him (or her) to agree! Note that when alimony is awarded, it is often for a set period.

Whether or not alimony continues after the spouse receiving support begins living with someone else, is usually addressed in the divorce agreement. If it is not specifically addressed in the agreement, living with another adult is not considered the same as re-marriage, and may not affect the spousal support amount. Despite this, absent an agreement, the party paying alimony is likely to request a reduction or termination of support, on the grounds that party receiving support no longer needs it where he or she is sharing household expenses with another adult. It is a good idea to consult an attorney to help you protect your rights in a divorce and to help you negotiate the terms of your judgment of divorce.

The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.

By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
[email protected]