Kaneohe, HI asked in Divorce and Family Law for New Jersey

Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

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3 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You need to retain an experienced matrimonial attorney to bring a motion for termination of spousal support and credit for any overpayment. Spousal support can be from the day that they first began cohabitation. With modern technology there are no geographic boundaries on obtaining the best attorney you can afford.

Flavio Van Boekel
Flavio Van Boekel
Answered
  • East Hanover , NJ
  • Licensed in New Jersey

A: If your agreement is silent as when Alimony should end and your ex-wife has remarried, you should retain an experienced attorney to file a notice of Motion to terminate alimony. Remarriage is one of the legal grounds for termination of alimony unless an agreement or order states otherwise. In your case, it seems that all you need to prove is that your ex has remarried. Please contact a matrimonial lawyer.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: I have been a divorce lawyer for the past 38 years and I dont think I have ever had someone say that they voluntarily have paid alimony for the past 10 years with no writing in place and even after the other spouse remarried. I presume you have been making all of your payments directly and not through the court system.

Out of an abundance of caution, I am going to suggest that you have a consultation with a divorce law specialist to review your current setting, when your ex remarried, what if any text messages or emails exist between you and she about the payment of support, before notifying your ex of your termination of payment of support.

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