Alimony if the ex-wife got married

Alimony if the ex-wife got married

Alimony paid for a joint child and established in court cannot be canceled after the ex-wife enters into a new marriage. If the establishment of such payments was made in contractual form, then the termination of alimony obligations is established specifically by this document.

If alimony is paid to the ex-wife (if established by the court) on the basis of her incapacity and need, such an obligation may be canceled after he enters into a new marriage.

If monetary payments to the former spouse were determined by agreement, then such payments are terminated on the grounds specified in the text of the relevant document.

A change in the amount of money paid under such an obligation can be carried out in court if the parties’ financial or marital status has changed significantly. To do this, you must submit a corresponding application to the court, indicate the change in the above circumstances, and also prove them.

Do I need to pay alimony if my ex-wife gets married?

The question of paying an ex-wife who got married may arise from the ex-spouse, given that her financial and family situation has thereby changed, and alimony is paid specifically for material support. However, in this case, some facts should be taken into account. First of all, it is necessary to determine for whom alimony is paid – for the ex-wife or for the common minor children who, by court decision, remained with the mother (and she is their legal representative).

In addition, you need to find out in what order alimony was established – contractual or judicial. Only after all of the above facts have been clarified, will it be possible to begin to decide whether alimony needs to be paid if the ex-wife remarries.

Child support if the ex-wife got married

First of all, let’s consider the case when alimony is paid for a common minor child left with his ex-wife, who in turn formalized a new marriage. As mentioned above, this issue can be resolved through contractual or judicial procedures.

The obligation to support one’s children (by paying alimony) is established by the Family Code of Ukraine, which establishes the possibility of collecting such sums of money in court (if there is no agreement on alimony between the parties). In this case, the fact that the ex-wife entered into a new marriage is not at all important, since such funds are paid specifically for the common minor child, and under such circumstances he still remains the child of his divorced parents.

The Family Code establishes cases of termination of payment of such amounts that were established in court in relation to a common child who has not reached the age of majority:

  • such a child reaches adulthood;
  • acquisition of full legal capacity by the age of eighteen;
  • adoption of a child for whom alimony was paid;
  • death of the alimony recipient.

Thus, the legislation does not establish marriage by the ex-wife as a basis for terminating the payment of funds for a child. In this case, alimony will need to be paid until the child comes of age or until the onset of other grounds for termination of the obligations specified above.

But in addition to the judicial procedure for collecting alimony, there is a contractual procedure, which is established by concluding an agreement between the parties. The Family Code stipulates that the procedure for terminating such an agreement is regulated by the provisions of civil legislation on agreements, that is, the norms of the Civil Code of Ukraine. Thus, the agreement can include a corresponding clause stating that such a document is torn when the ex-wife enters into a new marriage.

In addition, the law states that such an agreement can be terminated at any time with the consent of the parties. The Family Code also establishes the grounds for termination of alimony obligations that were established by agreement between divorcing spouses:

  • death of one of the parties to alimony legal relations;
  • expiration of the agreement on payment of the relevant funds;
  • on the grounds provided for in this agreement.

Thus, if the agreement provides for such an event as a basis for the termination of payment of amounts, or if an agreement is reached between the parties to terminate such obligations, then the relevant agreement will cease to have effect.

However, mention should also be made of the Family Code, which defines the conditions for the invalidity of such an agreement. In court, at the request of one of the parties or the guardianship authority, the agreement may be declared invalid in the event of a significant violation of the rights of the alimony recipient. Therefore, the court may not accept such a document, considering its provisions to violate the rights of the recipient of such sums of money. In this case, the parties will either have to change the agreement drawn up or agree to the court establishing alimony.

To summarize, it should be said that if alimony is established in court, the marriage of the former spouse cannot be the basis for stopping the payment of funds for the child. If the corresponding obligation was established by agreement, one should focus on its provisions.

How not to pay alimony to your ex-wife if she got married

According to the Family Code, it is possible to establish alimony for former spouses only if:

  • one of the spouses is disabled and needs financial support;
  • the ex-wife is on maternity leave for three years after his birth;
  • one of the spouses needs and provides care for a disabled child until he reaches the age of majority or for a common child who has been disabled since childhood of the first group.

In other cases, alimony cannot be established by law for the ex-wife. The Family Code establishes cases of termination of alimony obligations:

  • determination by the court that the recipient of alimony has been restored to work capacity or has ceased needing assistance;
  • the entry of a disabled former spouse in need of assistance into a new marriage;
  • death of the recipient of such sums of money.

Stopping alimony payments to your ex-wife if she gets married

Thus, the entry into a new marriage by an ex-wife can serve as a basis for termination of alimony obligations only if they were established due to the incapacity and needs of the ex-wife.

Example

The Lyakhov couple divorced their marriage and, by a court decision, the ex-husband is obliged to pay alimony to his ex-wife, who was declared disabled and in need of help and material support. A year after this, Lyakhova entered into a new marriage. Having learned about this, the alimony payer applied to the court with a request to stop paying her the corresponding amounts. The court, having considered Lyakhov’s application, as well as checking the fact of the recipient of such funds entering into a new marriage, made a decision to terminate alimony obligations, citing the Family Code.

Thus, Lyakhov was exempted from paying such funds. The alimony obligations previously established by the court have now been cancelled.

If alimony was established by agreement, you should refer to the conditions for termination of such an agreement. In addition, the law does not prohibit the termination of such a document by general consent.

Answers from a lawyer about paying alimony to his ex-wife
I separated from my wife and was required by a court to pay child support for the general minor child who remained with him. Two years after the divorce, the ex-wife entered into a new marriage, and therefore her financial situation improved significantly. Do I have the right to refuse to pay child support? If yes, in what order can I do it?

Payment of alimony to a former spouse who has entered into a new marriage

When determining the need to pay alimony to a former spouse who has entered into a new marriage, it is necessary to distinguish to whom it is paid – to the ex-wife herself or to the joint child. In addition, a key factor in determining such necessity is whether the relevant obligations were established in a contractual or judicial manner. All of the above circumstances have a significant impact on determining the further share of alimony obligations.

It should be understood that marriage by an ex-wife does not change the fact that the common child still remains common and alimony for him, as a general rule, must be paid, even if the financial or marital status of his legal representative (the payer’s ex-wife) has changed. At the same time, if alimony was established for the ex-wife because she was disabled and needs help, then when she enters into a new marriage, the obligation to pay alimony ceases.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting alimony if your ex-wife is married.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of the services of a family lawyer or lawyer, your case of collecting alimony if your ex-wife got married will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting alimony if your ex-wife is married.

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

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Will take the first step towards your victory in a legal case to collect alimony; if your ex-wife got married, call or write to a lawyer and you will receive answers to all your questions.

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