Very few people enjoy paying spousal support to a former husband or wife. This is especially true for Arizona spouses who are required to pay alimony for many years after their divorce has concluded. People often claim that their former spouse is taking advantage of alimony laws to unfairly profit from the end of a marriage. One recent case is an example of why spouses should take care to ensure that payments are in line with an existing court order.
The man was ordered to pay alimony to his former wife. At the time of the divorce, the wife was not working outside of the home and still had minor children under her care. However, after her oldest child left for college, the wife returned to work. According to her former husband, she now earns more than $100,000 per year.
The man was aware that his ex was involved in a long-term relationship and cohabitating with her partner. However, he recently found out that the couple married nearly nine years ago. Despite remarrying, his former wife continued to accept alimony payments and did not notify him of her new marital status. Understandably upset, he is now interested in learning more about his options in reclaiming some of the money lost.
In this case, the man will need to approach the court to ask for cessation of spousal support payments. He may also have an avenue of recourse in regard to having a portion of those payments returned to him. Of course, the outcome will be up to the discretion of the court that hears his case. For many Arizona spouses, this matter is reminder of the importance of understanding the terms laid out within their divorce agreement, and following up to ensure that alimony payments are made in accordance with those provisions.
Source: Boston Herald, “Divorce 101: Ex took alimony for years after remarrying“, Gerald Nissenbaum, Oct. 23, 2016