Can alimony be awarded to a spouse who has remarried?
In New York, alimony may be awarded to a spouse who has remarried, depending on the specific circumstances. New York divorce law allows for the continuation of alimony to an ex-spouse even after they have remarried. This type of alimony, known as rehabilitative alimony, is designed to help the ex-spouse become self-sufficient through educational or vocational training. In order for this type of alimony to be awarded, a court must determine that the ex-spouse is unable to obtain the necessary education or job training without the financial assistance. Additionally, the court must also determine that the ex-spouse would benefit from the education or job training and that both parties would benefit. In some cases, a court may award alimony to a remarried spouse, even if they have not completed the education or job training. This type of alimony, known as permanent alimony, can be awarded to a spouse who is not able to work due to age, health, or other reasons. The court must determine that the spouse receiving the alimony cannot become self-sufficient without the financial assistance. Ultimately, it depends on the specific circumstances of a case and the court’s determination. If any of the above criteria are met, the court may provide alimony to a spouse who has remarried.
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