Spousal support, often called alimony, is court-ordered financial assistance that one spouse pays to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain financial stability, especially if they were financially dependent during the marriage.
What many people don’t realize is that remarriage or even just living with someone can impact spousal support payments. Georgia law has clear rules about when and how alimony can be reduced or stopped altogether, and failing to understand those rules could leave you in a tough financial spot.
At Hobson & Hobson, P.C., our Georgia spousal support lawyers are here to help you understand how remarriage or cohabitation can affect payments and what steps you should take if your situation changes.
How Remarriage Affects Spousal Support
If the spouse receiving alimony gets remarried, Georgia law is very clear—spousal support automatically ends. The logic behind this rule is that remarriage typically means financial support from the new spouse, making additional payments from an ex unnecessary.
However, there are exceptions. If the divorce settlement included lump-sum alimony or a property settlement, those payments usually continue even after remarriage because they are not considered ongoing support.
One question that sometimes arises is what happens if the remarriage is quickly annulled. Unfortunately, once alimony is terminated due to remarriage, it does not restart even if the new marriage is short-lived. If you’re receiving alimony and considering remarriage, it’s important to weigh the financial consequences before making any decisions.
How Cohabitation Affects Spousal Support
Even if you don’t remarry, simply moving in with a new partner can put your alimony payments at risk. In Georgia, spousal support can be reduced or eliminated if the recipient is in a “meretricious relationship“—a legal term that refers to a live-in romantic relationship that resembles a marriage.
Unlike remarriage, cohabitation does not automatically terminate alimony. Instead, the paying spouse must file a request with the court and provide evidence that the recipient is living with someone in a financially supportive relationship. The court will look at several factors, including:
- How long the couple has been living together
- Whether they share household expenses or have joint financial accounts
- Whether they publicly present themselves as a couple
If the judge determines that the recipient is receiving financial support from their new partner, alimony may be reduced or stopped altogether. However, if the relationship is more like a roommate situation, where both individuals maintain separate finances and living arrangements, the court may decide that alimony should continue.
What If Your Ex Claims You’re Cohabiting?
It’s not uncommon for an ex-spouse to claim that you’re cohabiting in an attempt to stop paying alimony. If this happens, they will need to provide proof. This could include social media posts, shared lease agreements, financial records, or even testimony from neighbors or private investigators.
If you are accused of cohabitation but are not financially dependent on your new partner, you may be able to defend yourself in court. Some possible defenses include:
- Showing that you and your partner maintain separate bank accounts and do not share financial responsibilities.
- Proving that your relationship is not romantic or does not involve financial support.
- Demonstrating that you and your partner do not consistently live together.
Ultimately, the judge will examine all the evidence before deciding whether to modify or terminate alimony.
What to Do If Your Situation Changes
Life changes, and your spousal support situation may need to change along with it. If you are receiving alimony and considering remarriage or moving in with a new partner, here are some steps to protect yourself.
- You Plan to Remarry. Expect that your alimony payments will stop once you legally remarry. If you rely on spousal support, consider whether your new spouse’s income will be enough to maintain your financial stability.
- You Plan to Move in With Someone. If you want to avoid losing alimony, keep your finances separate from your new partner’s. Avoid joint bank accounts, shared bills, or anything that could suggest financial dependence.
- Your Ex Stops Paying Alimony Without a Court Order. Your ex cannot unilaterally stop paying alimony without court approval. If they do, you can take legal action by filing a contempt motion to enforce the court order.
Contact Our Atlanta Spousal Support Lawyers Today
Remarriage almost always results in the automatic termination of spousal support, while cohabitation can lead to a reduction or loss of payments, depending on the circumstances. If you are receiving alimony and your situation is changing, it’s important to understand your rights and how Georgia law applies to you.
If you have questions about how remarriage or cohabitation might impact your spousal support, the Georgia spousal support attorneys at Hobson & Hobson, P.C. can help. Our spousal support law firm in Georgia is here to guide you through what happens next so you can protect your future. Call our office at 770-284-6153 or fill out our online contact form to get started.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
