Does a general alimony award terminate upon remarriage?
In Delaware, alimony awards typically terminate upon remarriage. Alimony is a financial payment made from one ex-spouse to another to help them support themselves after a divorce. Under Delaware law, the duty to pay alimony generally will terminate upon either the recipient’s remarriage or cohabitation with another person. If a recipient of alimony remarries or cohabitates, the other party is no longer obliged to make alimony payments and such payments will immediately cease. However, parties can agree to different terms in their alimony agreement. Specifically, they can agree to waive termination of alimony payments upon remarriage or cohabitation. If parties agree to such a provision, the recipient of alimony will continue to receive payments regardless of whether they remarry or cohabitate with someone else. This may be beneficial in situations where the recipient would receive a lower alimony award if payments terminated upon remarriage or cohabitation. Generally, alimony awards will be automatically terminated upon remarriage or cohabitation unless otherwise provided for in an agreement. Therefore, it is important to consult with an attorney to ensure that all parties’ interests are protected in any alimony agreement.
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