How Remarriage and Cohabitation Affect Alimony in a Virginia Divorce
If your life circumstances change after a Virginia divorce, your alimony arrangements may change as well, or end entirely.
Whether you are the spouse receiving support or the one paying it, our experienced Virginia divorce attorney is here to help. Find out how remarriage or cohabiting with someone impacts your rights to alimony under Virginia law and the steps to take when your situation or your ex-spouse’s situation shifts.
When Virginia Law Requires Spousal Support to End
Under Virginia Code Section 20-109, spousal support in Virginia terminates automatically under two circumstances, neither of which requires a return trip to court. The first is the death of either party. The second is the remarriage of the spouse receiving support. When a former spouse is receiving alimony and remarries, they must notify the paying spouse immediately. If they don’t, they may end up having to pay back money.
Cohabitation is handled differently. The Virginia Code allows a court to terminate support when the receiving spouse has lived with another person in a relationship similar to marriage for a year or more. However, the paying spouse must petition the court and prove the cohabitation by clear and convincing evidence. Here’s what the Virginia court looks for:
- Whether the couple shares a primary residence where they live together.
- Whether they have shared finances, including joint accounts, shared expenses, or combined household budgets.
- Whether they present themselves publicly as a couple.
- Whether the receiving spouse can demonstrate that cutting off support would create an unconscionable hardship.
That last point matters. Even when cohabitation is clearly established, the court may continue to order support if terminating it would be grossly unfair.
Virginia Alimony Payments: How to Protect Your Rights
When alimony is ordered in a Virginia divorce, it’s important for both sides to know the rules regarding remarriage and cohabitation. To protect your rights, here’s what both parties should keep in mind:
- If you receive support and plan to remarry, notify your ex-spouse immediately in writing and keep a copy.
- If you receive support and are living with a new partner, get legal help before it becomes something that might be classified as cohabitation.
- If you pay support and believe your ex-spouse has remarried or is cohabitating, document your observations carefully before filing a petition.
- Review your separation agreement or divorce decree carefully, since some agreements include specific language that modifies how the standard cohabitation rules apply.
In addition to remarriage and cohabitation, a material change in circumstances, such as losses or gains in either spouse’s income or employment, can also support a petition to modify alimony under the Virginia Code.
Consult Our Experienced Virginia Divorce Attorney
The rules regarding alimony payments in Virginia can be confusing. At Schwartz Kalina, PLLC, we review these cases, guide you in requesting modifications, and can take other steps to protect your rights. To request a consultation with our experienced Virginia divorce attorney, call or contact us online today.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-109/
law.lis.virginia.gov/vacode/title20/chapter6/section20-107.1/
