Legal Question in Family Law in New York

Re: Alimony after spouse remarries

My colleague gave a fine answer. I would like to suggest a low-cost supplemental suggestion: go to DMV and determine under what name she maintains her drivers license.

Having such information, you can take aggressive action to terminate the alimony and seek reimbursement for the illegal payments.

Re: Alimony after spouse remarries

There is no centralized data base for US marriages and divorces. In addition, unless a marriage or divorce is 50+ years old, most states do not deem either, as a public record, accessible to non parties, absent a Court Order. Also, a person may legally marry in one state, while their legal residence is in another state.

There are secondary sources that may help in identifying an Ex's marital status; and of course a private investigation. But, you probably would be better served by addressing this matter directly.

You may formally (in writing) acknowledge your Ex's request and ask her for a Certified copy of the Court Order "Modifying" the prior Court Order, and "Authorizing" and "Directing" you to pay spousal support to a person not named in your Divorce Judgement or Stipulation. (Note, such an Order is not legally obtained w/o prior notice to you). Alternatively, you may ask your Ex, for a Certified Court Order of [her] Name Change. You may explain to her that absent "proper" modification, authorization and Court direction, you cannot comply with her request.

In the interim, you might also consider paying the spousal support that may be due, into Court, based upon YOUR question concerning her continued right to claim support; and upon your question concerning your obligation to adhere to the "letter" of the Divorce Judgment.

If she delays, more than three months, suggest you immediately apply and Motion for Court termination of spousal support, if you reserved that right, in the event of her remarriage.

Good luck,