Should re-marriage affect receipt of monthly spousal support?

(Lawyers should always be consulted on this very difficult subject and this month’s digest is only meant to initiate thought and discussion and to help both potential payors and receivers understand the other point of view, this is in no way intended to be legal advice. The staff of Alberta Divorce Finances are not lawyers and in no way should any information provided herein ever be construed as legal advice).

We have seen many clients lately who are in the process of negotiating the very contentious issue of spousal support. A concern that always arises in discussion of this topic is whether monthly spousal support should terminate with the re-partnering or re-marriage of the receiver.

Payor’s often want to see an end to these payments once their ex-spouse enters into a new conjugal relationship and the parties begin to reside together. Payor’s can find it unfair and sometimes distasteful to support this new arrangement financially.

On the other hand, receivers likely don’t want to lose these payments and therefore find themselves restricted in terms of moving forward in their new lives. Many receivers would like to begin dating in the hopes of developing a serious long term new relationship.

This is one of the more emotional areas in terms of negotiating spousal support. Both the payor and receiver have valid concerns in looking towards the future. It may help to put yourself in your ex-spouse’s position to fully understand their position and all of the ramifications of this decision.