Linda T said:
divorced in Ga. Now live in Oh. divorce decree states: the husband shall pay to the wife periodic alimony in the amount of $$$ per month, begining (date) and continuing thereafter for a period of 5 yrs. I am now re-married and ex is asking court for alimony to stop. Can/would the court end the alimony award based on my re-marriage? even though it states nothing in decree about re-marriage.
Yes, he can get the alimony stopped. Here is the Code for GA regarding Alimony awards:
http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/19/6/5
19-6-5 G
*** CODE SECTION *** 01/23/01
19-6-5.
(a) The finder of fact may grant permanent alimony to either party,
either from the corpus of the estate or otherwise. The following
shall be considered in determining the amount of alimony, if any, to
be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both
parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to
acquire sufficient education or training to enable him to find
appropriate employment;
(6) The contribution of each party to the marriage, including, but
not limited to, services rendered in homemaking, child care,
education, and career building of the other party;
(7) The condition of the parties, including the separate estate,
earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and
proper.
(b) All obligations for permanent alimony, however created, the time
for performance of which has not arrived, shall terminate upon
remarriage of the party to whom the obligations are owed unless
otherwise provided.
