Remarriage and Cohabitation
- August 17, 2016
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Remarriage/Cohabitation is a vast topic that has the ability of affecting the spouse’s prior divorce case and its alimony payments, as well as, giving rise to a new legal headache. When a couple decides to call it quits in their relationship, they are accepting that it could not work between them. This may be for one of a number of different reasons. However, once the decision has been made, the spouses are free to embark on their lives. They can remarry if they want, or cohabitate.
What they choose to do is at their discretion. However, if you consult your Jacksonville divorce attorney, they will tell you the legal requirements with regards to these issues.
Is Remarriage a Good Option?
Before one is able to remarry, it is recommended that they contact their Jacksonville divorce lawyer. This is because a remarriage can affect a number of different aspects in your previous divorce case. The primary factor that is generally affected by your decision to remarry is the termination of alimony, if you are receiving alimony. If a spouse is married to another spouse, the assumption by the court will be that the spouse has moved on in their life.
When they have started a new life, how fair would it be to help them enjoy economic perks of their last marriage and the subsequent divorce? The same goes for cohabitation, which does not always result in termination of alimony, but could result in termination, or in substantial cuts in alimony payments since their needs may be being met by the person that they are cohabitating with.
Problems that May Arise in your Divorce Case
Cohabitation and rehabilitation is not something that is looked down upon by the courts, despite the fact there are changes that an opposing lawyer may be able to use against you in your divorce case. Here is a look at some of the ways this may happen.
- For an opposing counsel, this can be an opportunity to attack on your commitment in the relationship, using the moving on as a sign of never really having their heart set in the relationship.
- Alimony support is paid to a former spouse because they might find it hard to survive financially post-divorce. The fact that they are cohabitating or remarrying can weaken their claims of a higher spousal support, since they are likely to have their needs met with their new partner.
Are you looking for a good Jacksonville Divorce Lawyer to advise you on situations like the ones mentioned above, then contact us today!