Do Missouri Alimony Payments Terminate Upon Remarriage?

If you relied on your spouse financially during your marriage, alimony can be critical to ensure you have the support you need while you get back on your feet after divorce. It may be ordered by the court or part of a settlement agreement between spouses. However, if you’ve been awarded spousal maintenance in Missouri, it’s important to understand that these payments can be terminated upon certain conditions — including if you remarry or cohabitate with a new partner.

What is Alimony?

Alimony, also referred to as spousal maintenance in Missouri, is payment made by one spouse to the other during the divorce — or for a certain period of time after the divorce has been finalized. The purpose of alimony is to ensure that the supported spouse is able to enjoy the same standard of living that they did during the marriage. It also provides them with time to become self-supporting. While the duration can vary based on the specific circumstances of the case, there are several reasons why payments might stop sooner.

Can a Party Receive Alimony from a Former Spouse if They Remarried?

Spousal maintenance in Missouri typically terminates upon the remarriage of the recipient spouse. In the event the paying spouse remarries, they must continue making payments, absent a court order specifying otherwise. Notably, while a paying spouse’s remarriage isn’t necessarily grounds for a modification of alimony, they may be able to request one if they have experienced a substantial change in financial circumstances due to the remarriage.

Does Cohabitation Terminate Spousal Maintenance in Missouri?

Common law marriage is not recognized in Missouri. But in some cases, a receiving spouse’s cohabitation with a new partner can be grounds to terminate alimony. While the law does not explicitly define what constitutes cohabitation, sufficient evidence beyond sharing a residence must be raised to the court. Effectively, the cohabitating partners must hold themselves out as a married couple to the public.

Some of the factors a court would look at to determine whether alimony payments should stop due to cohabitation include whether the couple:

• Commingled their assets
• Shared responsibility for bills and other expenses
• Shared bank accounts
• Owned property together
• Named each other as beneficiaries
• Cohabitated for a continued for a period of 90 or more days

Unlike with remarriage — where termination of alimony is automatic — the paying spouse would need to file a motion with the court to stop payments in cases involving cohabitation. They cannot unilaterally stop making court ordered alimony payments without a new order. The paying spouse is required to prove to the court that the supported spouse is cohabitating with a new partner, warranting a termination of alimony payments.

Can Alimony Continue if a Spouse Remarries or Cohabitates?

There are a few situations in which alimony payments may continue, even if the supported spouse remarried. Specifically, if a court orders that alimony must continue to be paid, regardless of remarriage, the paying spouse must comply. A spouse may also be required to continue making alimony payments if such arrangement was agreed upon pursuant to the divorce settlement. Additionally, if the alimony payment is one lump sum, it must be paid to the recipient spouse — even if they have already remarried.

Spousal maintenance in Missouri may also continue after the supported spouse’s remarriage if the arrangement was specified in a prenuptial or postnuptial agreement. However, the agreement entered into must be valid and enforceable. If a court determines that the document is unfair or unconscionable, it may not be enforced.

How Does Remarriage Impact Child Support?

When it comes to a spouse’s remarriage, child support is treated differently from spousal maintenance in Missouri. It’s essential to be aware that remarriage alone does not impact child support payments. Both parents have a financial obligation to support their children, even if one of them has a new spouse. But a court may consider a modification in certain situations where there has been a substantial change in circumstances.

The court cannot consider a new spouse’s income to calculate child support payments. However, a new spouse’s financial contributions to the household may increase the paying parent's child support obligation. For example, if the new spouse covered household expenses and other bills, the court may consider this as an increase in the paying parent’s income — which would allow them to contribute more of their resources to child support.

Contact an Experienced Missouri Divorce and Family Law Attorney

If you are facing an alimony issue, it’s crucial to have a skillful divorce attorney by your side who can protect your rights and advise you regarding your options. Divorce and family law attorney Mark A. Wortman offers trusted representation to clients in the greater Kansas City, Missouri area for divorce and a broad scope of family law matters. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.