Does spousal support terminate if the paying spouse remarries?

In West Virginia, spousal support does generally terminate if the paying spouse remarries. This is because the purpose of spousal support is to ensure that a spouse who has been financially dependent on the other spouse during the marriage is able to maintain a similar standard of living as they did during the marriage. When the paying spouse remarries, their new spouse is likely to provide financial support and the paying spouse is no longer solely responsible for the other spouse’s finances. There may be some exceptions to this rule depending on the circumstances of the case. For example, if the couple signed a spousal support agreement prior to the paying spouse remarrying, then the terms of that agreement will apply regardless of whether the paying spouse has remarried. In this case, the court will enforce the agreement as written. Additionally, if the paying spouse is able to demonstrate that their remarriage did not significantly increase their financial ability to pay spousal support, then the court may continue to order that spousal support be paid. This is a difficult standard to meet, however, and usually requires showing that the paying spouse’s current financial situation is not substantially better than it was during the marriage. In general, though, if the paying spouse remarries in West Virginia, the spousal support will terminate unless the couple had a written agreement or the paying spouse can demonstrate that their remarriage had no significant financial benefit.

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Does spousal support terminate if the paying spouse remarries?

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