What happens to alimony if my ex remarries in Connecticut?

Going through a divorce is a major life change, and the financial adjustments that follow can be just as challenging. If you are paying alimony, you might wonder how future life events—like your ex-spouse getting remarried—will affect your obligations. It’s one of the most common questions people have after their divorce is finalized.

The short answer is straightforward: In Connecticut, your obligation to pay periodic alimony almost always ends automatically when your ex-spouse remarries. This isn't just a guideline; it's a rule embedded in state law designed to reflect the new financial reality of the situation. When your former spouse enters into a new marriage, their new partner typically assumes the role of financial support, ending the need for payments from you.

However, while the rule seems simple, there are important details and procedures you need to understand. The specific language in your divorce decree is critical, and you must take the proper steps to formally stop the payments without risking legal trouble. This guide will walk you through exactly what the law says, what you need to do, and what happens to alimony if your ex remarries in Connecticut.

Understanding Alimony Termination in Connecticut

Alimony, also known as spousal support, is designed to provide financial assistance to a lower-earning spouse for a period after the divorce. Its purpose is to help that spouse become self-sufficient or to maintain a standard of living comparable to what they had during the marriage.

Connecticut law recognizes that certain life events fundamentally change a person's financial needs. Remarriage is considered one of the most significant of these events. The legal thinking is that the new marriage creates a new financial support system, making the support from a former spouse unnecessary.

This principle is codified in Connecticut General Statutes (C.G.S.) § 46b-86(b), which governs the modification and termination of alimony. This statute creates a clear and direct link between remarriage and the end of alimony payments.

The Difference Between Remarriage and Cohabitation

It's crucial to distinguish between remarriage and cohabitation (living with a new partner). While both can impact alimony, the legal standard is very different.

Remarriage: As we'll explore, remarriage typically results in an automatic termination of alimony. The act of getting legally married is the trigger.
Cohabitation: If your ex is living with a new partner but not married, alimony does not automatically stop. You would need to go to court and prove that the living arrangement has caused "a change of circumstances as to alter the financial needs of that party" (C.G.S. § 46b-86(b)). This is a higher bar to clear and requires showing a financial benefit to your ex, not just that they have a new partner.

This article focuses specifically on what happens when alimony ex remarries Connecticut, which has a much more definitive outcome than cohabitation.

Connecticut Law: The Rule on Remarriage and Alimony

The primary law that answers this question is C.G.S. § 46b-86(b). This statute provides the legal foundation for modifying or ending alimony payments.

The law states that a court may "suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person," but it treats remarriage as a final event. The key part of the statute is found in the preceding section, C.G.S. § 46b-86(a), which states that alimony orders may be modified unless the decree precludes it. When combined with the language in subsection (b), the long-standing interpretation in Connecticut courts is that remarriage terminates the alimony obligation.

The Exception: When Your Divorce Decree Says Otherwise

There is one major exception to this rule. Your alimony obligation will not terminate if your original divorce decree (the final judgment from the court) explicitly states that alimony payments must continue even if your ex-spouse remarries.

C.G.S. § 46b-86(b) allows couples to create their own rules. It says: "In the event that a final judgment incorporates a provision of an agreement in which the parties agree to circumstances, other than as provided in this subsection, under which alimony will be modified... the court shall enforce the provision of such agreement".

This means if you and your ex-spouse signed a settlement agreement that was incorporated into your divorce decree, and that agreement included a clause like, "Alimony shall be non-modifiable and shall not terminate upon the receiving spouse's remarriage," then the court will enforce that agreement. You would have to continue paying.

This is why the very first step you must take is to carefully read your divorce decree. For the vast majority of cases, the agreement will be silent on this issue or will explicitly state that alimony terminates upon remarriage, death, or a specific date. If it's silent, the state law applies, and alimony ends.

Step-by-Step Process When Your Ex Remarries

While the law may seem to make the termination automatic, you shouldn't just stop making payments without taking formal steps. Doing so could expose you to a motion for contempt if your ex-spouse claims you violated a court order. Here is a safe, step-by-step process to follow.

Step 1: Confirm the Remarriage

Before you do anything, you need to be sure that your ex-spouse has legally remarried. Rumors or social media posts are not enough. A legal marriage involves a marriage license and a certificate filed with a town or state. In Connecticut, marriage certificates are public records, so you or your attorney can typically obtain a copy to serve as definitive proof.

Step 2: Carefully Review Your Divorce Decree

This is the most critical step. Get a copy of your final, signed Judgment of Dissolution and any incorporated Separation Agreement. Read the alimony section carefully. Look for any language that discusses termination or modification.

Does it say alimony is "non-modifiable"?
Does it specifically mention remarriage?
Does it say alimony continues regardless of remarriage?

If you find such language, you must speak with a family law attorney immediately. If the decree is silent on the issue or says alimony terminates upon remarriage, you can proceed to the next step.

Step 3: File a Motion to Terminate Alimony

Even though the obligation legally ends, the court and the Support Enforcement Services unit (if they are involved) don't automatically know about the remarriage. You need to formally notify the court and get an order officially terminating your alimony obligation.

You do this by filing a "Motion for Modification" or a "Motion to Terminate Alimony" with the same Superior Court that handled your divorce. This motion, governed by Practice Book § 25-26, should state:

The date of the original alimony order.
The fact that your ex-spouse has remarried.
The date of the remarriage.
A request for the court to enter an order terminating your alimony obligation effective as of the date of the remarriage.

You should attach a copy of the marriage certificate as an exhibit to your motion.

Step 4: Serve the Motion on Your Ex-Spouse

Once filed, the motion must be legally served on your ex-spouse by a state marshal. This provides them with formal notice of your request and the date of the court hearing.

Step 5: Attend the Court Hearing

The court will schedule a brief hearing on your motion. In most cases where the remarriage is proven and the divorce decree doesn't prevent termination, this hearing is a formality. The judge will review your motion and the proof of remarriage, confirm there is no contrary language in your decree, and grant your motion.

The court will then issue a new order stating that your alimony obligation is terminated. This official order protects you from any future claims or contempt actions related to alimony.

Important Considerations About Alimony and Remarriage in CT

Navigating the end of an alimony obligation requires attention to detail. Here are some other important factors to keep in mind when dealing with a situation where your alimony ex remarries in Connecticut.

Alimony Arrears Are Not Erased

Termination of alimony applies to future payments. It does not forgive any past-due payments, known as arrears. If you were behind on alimony before your ex remarried, you still owe that money. The court can and will still enforce the collection of any amount that was due before the date of remarriage.

What About Overpayments?

What if you continued paying alimony for several months after your ex remarried because you didn't know about it? Can you get that money back?

Potentially, yes. Since the obligation legally terminates on the date of the remarriage, any payments made after that date could be considered overpayments. When you file your motion to terminate, you can also ask the court to order your ex-spouse to reimburse you for the amount you overpaid. However, whether a judge will grant this request depends on the specific circumstances of your case. It is not guaranteed.

This Rule Applies to Periodic Alimony Only

The automatic termination rule applies to periodic alimony—the regular, ongoing payments (e.g., weekly, monthly) that most people think of as spousal support. It does not apply to other forms of financial settlement, such as:

Lump-Sum Alimony: If the divorce decree ordered a one-time, lump-sum payment, that obligation remains.
Property Division: Remarriage has no effect on the division of assets and debts from your divorce. If you were ordered to transfer property or pay a portion of a retirement account, you must still do so.

Frequently Asked Questions About Alimony and Remarriage

Here are answers to some common questions that arise when an ex-spouse who receives alimony remarries in Connecticut.

1. Does my ex have a legal duty to inform me that they got remarried?

No, there is no specific Connecticut law that requires the receiving spouse to notify the paying spouse of their remarriage. However, intentionally hiding a remarriage to continue collecting alimony could be viewed as fraud by a court, which might make a judge more likely to order reimbursement of overpayments.

2. What if my ex's new marriage ends in divorce or is annulled? Does my alimony obligation restart?

Generally, no. Once alimony is terminated due to remarriage, it is considered permanently terminated. The end of the new marriage does not revive the old alimony obligation from your divorce.

3. Can my ex and I agree in our divorce that alimony will continue after remarriage?

Yes. As mentioned earlier, C.G.S. § 46b-86(b) allows parties to create their own agreement. If you both agree to it and it's written into your final divorce decree, the court will enforce it. This is uncommon but possible.

4. How is this different from my ex living with a new partner?

The legal standard for cohabitation is much higher. For remarriage, the event itself is the trigger for termination. For cohabitation, you must file a motion and prove to the court that your ex's living arrangement has caused a change in their financial circumstances that reduces their need for support. This often requires significant evidence and is not an automatic termination.

5. Do I need a lawyer to stop my alimony payments?

While you can file the motion yourself (pro se), it is highly recommended that you consult with a family law attorney. An attorney can ensure your divorce decree is interpreted correctly, the motion is filed properly, and your rights are protected. This helps you avoid common pitfalls, like stopping payments too soon and facing a contempt charge.

6. Does this rule apply to temporary alimony paid during the divorce process?

Yes. If a court ordered you to pay alimony pendente lite (meaning, while the case is pending), that order would also terminate if your spouse were to remarry before the divorce is final.

Getting Help from a Connecticut Divorce Attorney

When it comes to court orders and financial obligations, it's always best to be cautious and precise. The laws surrounding what happens when an alimony ex remarries in Connecticut are generally clear, but every case has unique facts. The language of your specific divorce decree is paramount.

An experienced Connecticut family law attorney can provide invaluable guidance by:

Reviewing your divorce decree to confirm your rights and obligations.
Advising you on the best strategy for terminating payments.
Preparing and filing the necessary court motions on your behalf.
Representing you at the court hearing to ensure the matter is resolved efficiently.

Investing in a brief legal consultation can provide peace of mind and save you from potential legal headaches and financial penalties down the road.

Conclusion: Taking the Right Steps

If you are paying alimony and your ex-spouse has remarried, Connecticut law is on your side. In nearly all cases, your obligation to pay periodic alimony ends on the date of their new marriage. This reflects a shift in financial responsibility to the new spouse and allows you to move forward financially.

However, remember the key takeaways:

The Divorce Decree is King: Your first step is always to read the alimony provisions in your final court judgment.
Termination is Not Silent: You must take action by filing a motion with the court to get an official order stopping the payments.
Don't Just Stop Paying: Protect yourself from a contempt motion by following the proper legal procedure.
Arrears Still Count: Any past-due alimony is not erased by a remarriage.

By understanding the law and taking the correct, formal steps, you can bring your alimony obligation to a clean and final conclusion.