When does alimony end in Connecticut?
Figuring out the financial future after a divorce is stressful, and one of the biggest questions people have is about alimony. If you're paying or receiving it, knowing when those payments might stop is crucial for planning your life. In Connecticut, the answer isn't always simple, but it is defined by clear rules.
Generally, alimony in Connecticut ends on a specific date set in your divorce decree, when the receiving spouse remarries, or when either you or your ex-spouse passes away. It can also be modified, suspended, or terminated if the receiving spouse starts living with a new partner in a way that changes their financial situation, but this requires a court order. The single most important document controlling when alimony ends is your final divorce agreement.
Navigating these rules can feel overwhelming, but understanding the basics is the first step toward clarity and control. This guide will walk you through Connecticut's laws on alimony termination, explaining the automatic end-dates, the process for making changes, and what to expect along the way.
Understanding the Foundation: Your Divorce Decree
Before we dive into the specific events that cause alimony to end, it's essential to understand the power of your divorce decree. This legal document, signed by a judge, is the rulebook for your post-divorce life. When it comes to alimony, it will almost always specify two critical things:
- The Duration: How long payments are supposed to last (e.g., five years, ten years, or until a specific event).
- Modifiability: Whether the alimony order can be changed in the future.
An alimony order can be modifiable or non-modifiable. If your decree states that alimony is non-modifiable, it can only be changed or terminated under the very specific circumstances laid out in the agreement itself or by the automatic termination events we'll discuss below (like death or remarriage). If it's modifiable, either party can ask the court to change it later if there's a significant change in circumstances.
Connecticut Law: The Automatic Ways Alimony Ends
Connecticut law establishes clear, automatic end-points for alimony obligations. Unless your divorce decree specifically states otherwise, alimony payments will stop when one of the following events occurs.
1. The Death of Either Party
The obligation to pay alimony and the right to receive it are personal to you and your former spouse. Therefore, the duty to pay alimony automatically ends upon the death of either the paying spouse or the receiving spouse. The paying spouse's estate is not required to continue making payments, and the receiving spouse's estate cannot collect future payments.
While your divorce decree can require the paying spouse to maintain a life insurance policy to provide security for the alimony recipient (C.G.S. § 46b-82), the underlying alimony obligation itself ceases upon death.
2. Remarriage of the Alimony Recipient
This is another straightforward, automatic trigger. Under Connecticut law, the obligation to pay periodic alimony terminates when the receiving party gets married again.
According to Connecticut General Statutes (C.G.S.) § 46b-86(b), the 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 also clarifies that this applies unless the parties have agreed to other terms. In the case of remarriage, the termination is generally considered automatic.
3. A Specific Date in the Divorce Decree
Many alimony awards in Connecticut are "durational" or "time-limited." This means your divorce decree will state a specific date or period for which alimony must be paid. For example, the order might say:
- "Alimony shall be paid for a period of seven years."
- "Alimony shall terminate on June 1, 2030."
- "Alimony shall be paid for a period of 60 months."
Once that date arrives or the time period expires, the alimony obligation ends permanently.
The Connecticut "Cohabitation Statute": When Living Together Can End Alimony
This is one of the most common and often misunderstood reasons for trying to end alimony. Many people believe that if their ex moves in with a new partner, alimony payments automatically stop. This is not true. Terminating alimony due to cohabitation requires a court order.
The relevant law, C.G.S. § 46b-86(b), allows a court to modify, suspend, or terminate alimony if the receiving party is "living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party."
Let's break down what that legal language really means for you:
- It's Not Automatic: You can't just stop paying. You must file a motion with the court and go to a hearing.
- The Burden of Proof is on the Payer: The person paying alimony must prove to the judge that the living situation meets the legal standard.
- The Key Factor is Financial: The most important part of the statute is the phrase "alter the financial needs of that party." It’s not enough to show your ex is living with someone. You must prove that the new partner is contributing to your ex's living expenses (like rent, mortgage, utilities, or groceries) to such a degree that your ex no longer needs the same amount of financial support from you.
For example, if your ex's new partner moves in and pays half of all household bills, a judge is likely to find that their financial needs have been altered. However, if a new partner simply stays over frequently but maintains their own residence and doesn't contribute financially, it may not be enough to trigger the statute.
How to Formally Modify or Terminate Alimony in Court
If an automatic termination event (death, remarriage, end date) hasn't occurred, but you believe there's a valid reason to change the alimony order, you must go through the court system. This typically applies to situations like cohabitation or other significant life changes.
The legal standard for any modification is proving a "substantial change in circumstances" (C.G.S. § 46b-86(a)).
Step-by-Step Process
- Review Your Divorce Decree: First, check if your alimony order is modifiable. If it's non-modifiable, you likely cannot change it outside of the automatic termination events.
- File a Motion to Modify: You must file a formal "Motion for Modification" with the Superior Court that handled your divorce. This motion must clearly state the reasons you believe alimony should be changed, citing the specific facts and the legal basis for your request (Practice Book § 25-26(e)).
- Serve Your Ex-Spouse: You must legally notify your ex-spouse of the motion and the court date. This ensures they have a chance to respond.
- Exchange Financial Information: Both you and your ex-spouse will be required to file updated, sworn financial statements with the court. This gives the judge a current picture of each person's financial situation (Practice Book § 25-30).
- Attend the Hearing: At the court hearing, you will present your evidence and testimony to the judge. Your ex-spouse will have the opportunity to do the same. The judge will listen to both sides and decide whether a substantial change in circumstances has occurred and, if so, whether to modify, suspend, or terminate the alimony order.
Important Considerations
Retirement
Retirement can be considered a substantial change in circumstances that justifies modifying or ending alimony. However, it is not automatic. A judge will look at whether the retirement was done in good faith and at a reasonable age, the reasons for it, and the financial impact on both parties before making a decision.
Loss of a Job or Decrease in Income
If the paying spouse loses their job or experiences a significant, involuntary drop in income, they can file a motion to modify or suspend alimony. It is critical to file this motion promptly and not simply stop making payments, as this could lead to being found in contempt of court.
Increase in the Recipient's Income
If the person receiving alimony gets a promotion or a new job that significantly increases their income, this could also be grounds for a modification. The court will look at the overall financial picture of both parties to determine if a change is fair and equitable.
Frequently Asked Questions About When Alimony Ends in Connecticut
Here are answers to some common questions about the duration of alimony in Connecticut.
1. Can my ex stop paying alimony if I get a better job?
Not automatically. While a significant increase in your income could be considered a "substantial change in circumstances," your ex must file a motion with the court and get a judge's permission to reduce or stop payments. The court will review both of your updated financial statements to make a decision.
2. What happens if the person paying alimony loses their job?
They should immediately file a Motion for Modification with the court to ask for a temporary suspension or reduction in payments. They cannot just stop paying on their own, as this would violate the court order. The court understands that job loss happens and will likely grant temporary relief while they look for new employment.
3. Is lifetime alimony common in Connecticut?
It is becoming less common. Lifetime alimony is typically reserved for marriages of a very long duration (often 20-25 years or more), especially where one spouse has a significantly lower earning capacity due to age, health, or having been out of the workforce for a long time. If a court does order lifetime alimony, it must "articulate with specificity the basis for such order" (C.G.S. § 46b-82(b)).
4. Does my new partner's total income matter for the cohabitation statute?
Not directly. The court's focus is not on your new partner's income or assets. Instead, the judge looks at how your living arrangement with that person has "alter[ed] the financial needs" of you, the alimony recipient (C.G.S. § 46b-86(b)). The key is whether your partner's financial contributions to your household expenses have reduced your need for support.
5. If my alimony is suspended, can it be reinstated later?
Yes. A suspension is different from a termination. If alimony is suspended (for example, due to the payer's temporary job loss), it can be reinstated once the reason for the suspension is over. A termination, however, is permanent.
6. Do I have to pay taxes on the alimony I receive?
It depends on when your divorce was finalized. Due to the federal Tax Cuts and Jobs Act of 2017, for divorce or separation agreements executed after December 31, 2018, alimony payments are no longer tax-deductible for the payer, nor are they considered taxable income for the recipient. If your divorce was finalized before this date, the old rules likely apply. You should always consult with a tax professional.
7. What if my ex just stops paying alimony without a court order?
If your ex-spouse stops paying alimony in violation of your divorce decree, you can file a "Motion for Contempt" (Practice Book § 25-27). If the judge finds them in contempt, the court can order them to pay what is owed, and may also order them to pay your attorney's fees for having to bring the motion (C.G.S. § 46b-87).
Getting Help
The laws surrounding when alimony ends in Connecticut are complex, and the outcome of any court case depends heavily on the specific facts of your situation and the language in your divorce decree. Making a mistake can have long-lasting financial consequences.
It is strongly recommended that you consult with an experienced Connecticut family law attorney to understand your rights and obligations. An attorney can review your decree, advise you on your options, and represent you in court if necessary. This article is for informational purposes only and does not constitute legal advice.
Conclusion
For anyone navigating a Connecticut divorce, understanding when alimony ends provides a sense of predictability in an uncertain time. Remember these key points:
- Your divorce decree is your guide. It dictates whether your alimony is modifiable and for how long it lasts.
- Automatic termination occurs upon the death of either party, the remarriage of the recipient, or a specific date set in your decree.
- Cohabitation does not automatically end alimony. It requires the paying spouse to file a motion and prove that the living arrangement has reduced the recipient's financial needs.
- Any other change requires filing a motion and proving a "substantial change in circumstances" to a judge.
Knowing these rules empowers you to plan for your future with confidence. Whether you are paying or receiving alimony, being informed is the best way to protect your financial well-being.