My ex wife and I filed for divorce ourselves. We agreed to spousal support for three years. This is automatically taken out of my pay check. After a year and a half, she has remarried. Do I still have to pay spousal support?
2 Answers from Attorneys
Thank you for your inquiry. Unless your divorce decree specifies otherwise, Arizona law says that spousal maintenance terminates upon the remarriage of the receiving party. If the two of you are on good terms, the easiest way to take care of this is to stipulate to the termination of the automatic wage assignment (since your obligation has terminated) and for her to reimburse anything she receives after the date of her remarriage while the termination is being processed. If she isn't willing to cooperate, you can file to have the wage assignment terminated yourself, but it will take a bit longer, so there may become more of a reimbursement issue. I recommend you speak with an attorney to discuss this matter in greater detail so you can decide your best course of action.
You absolutely should and could file to terminate spousal. See us soon. We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004