DOES SPOUSAL SUPPORT CONTINUE AFTER REMARRIAGE?
Spousal support continues after remarriage in some circumstances, whereas, in others, it may be terminated. The general rule is that remarriage or re-partnering does not necessarily mean the termination of spousal support. How long support continues after remarriage depends on spousal support, whether it is compensatory or non-compensatory or a combination of the two. If the support is compensatory, the issue is whether there is still” “need” after remarriage or repartnering. If the support is non-compensatory, is there still” need” after remarriage or repartnering. Much will depend upon the length of the prior marriage, i.e., whether she/he earns more or less than the old spouse/partner.
Remarriage creates different results from repartnering as judges are more likely to terminate or reduce spousal support if the recipient remarries to a higher-earning spouse. In most instances, remarriage is treated as evidence of a greater commitment to assume responsibility by the new spouse’s recipient. So the spousal support in this instance is likely to reduce in amount or terminate. As the new common-law relationship lengthens in duration, there should be less of a “discount or premium” for remarriage v. repartnering. Therefore, a short, unsuccessful remarriage after a long first marriage may not amount to a change in circumstances if the payor applies to vary after the second marriage’s breakdown. Also, where a spouse was cohabiting at the previous order, a subsequent remarriage is usually not treated as a material change. However, in Bhupal v. Bhupal, a subsequent remarriage was considered a material change.
In case parties have no children or their children are now adults, the spousal support is likely to continue for a longer duration. However, as held in Fisher v. Fisher Ont CA (2008), a 19-year lengthy marriage does not necessarily award the wife indefinite spousal support, especially if there are no children. Spousal support takes into account the marital standard of living, and it is intended to be transitional. I concur with the judge fully that the payor’s new status should be considered since in Fisher, after the husband divorced his wife, he got into a relationship with another woman who had two children. Considering the husband’s new status, the trial judge rightfully reduced the wife’s spousal from $ 2600 per month in 2006 to $ 1050 per month in 2008 and later to $ 0 in 2009.
In case the parties have children, Section 15(3) of the Divorce Act states that the full amount of child support prevails over spousal support. I agree with this provision of the law because even after divorce, the children’s best interests should be considered first. In these circumstances, if the payor’s income is lower, there is likely to be no spousal support. As child support comes to an end as the child ages, the spousal support amount is likely to increase.
When the receiver remarries, and there are subsequent children meaning children are born or adopted. Prior child support obligations are dealt with under an exception, with a formulaic adjustment consistent with a “first family first” policy. For subsequent children, a strict policy of “first family first” would mean no adjustment at all to spousal support. As held in Fisher, a new family creates new obligations towards the second family, which may decrease the payor’s ability to pay support to the first family. A stronger claim would be when the subsequent child is the payor’s biological or adoptive child, rather than a step-child. The law continues to display its ambivalence towards the father’s role as a stepparent in these cases. The range downward, this time for a notional table amount. At a minimum, this simple adjustment can help to frame any partial reduction to accommodate the needs. In conclusion, the most common remarriage responses are step-down orders, below-range amounts, reduction in amount, and termination. I support spousal support after remarriage, however, the courts should consider circumstances of the remarriage as stated in Fisher. If the new marriage poses new responsibilities, then the payor can be relieved off their duties. Further, if the income earnings of the payor decrease, the spousal support amount should also decrease.
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