Legal Question in Family Law in Oregon
Ending Alimony
I was divorced a year and a half ago. My paperwork was ''fill-in-the-blanks'' from a legal help store. It states an alimony payment of 345.00 a month from the month of the divorce until Nov. 2013 or when one of us dies. I was just imformed by my ex that she is getting married on Fri May 31, 2008. Does this release me from the alimony? I live in and was married and divorced in Oregon. I have always been under the impression that re-marriage stops alimony. Did I really mess this up or what?
1 Answer from Attorneys
Re: Ending Alimony
Under Oregon law, alimony (spousal support) does not automatically end upon remarriage of the recipient spouse, UNLESS the parties agreed at the outset to such a provision. And it appears you and your former spouse did not do it that way.
HOWEVER, remarriage does constitute a "triggering event" that opens the door, if so requested, to a review of the existing alimony arrangement. If wife's remarriage has a substantial economic consequence to her, such a to eliminate the reasons why you were ordered to pay alimony to begin with, it may very well be the basis for now modifying the original order so as to decrease or terminate the existing obligation. Much depends on the reasons for the orginal award of alimony. If those reasons continue to exist, notwithstanding the remarriage, there would be no basis for termination of alimony. But it otherwise, you may have a good case.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
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