It is not uncommon for people to remarry after getting divorced. A question that often comes up in this scenario is, “Do I still need to pay my ex alimony if he or she remarried?” In most cases, the answer to this question is no. Clearly, remarriage constitutes a change in circumstances. Under Massachusetts law, an award of alimony can be modified or terminated if there has been a material change in either your or your ex-spouse’s financial circumstances. As a result, courts generally terminate alimony when the spouse who receives the alimony remarries. In rare cases, however, the court may order that the alimony continue. The spouse who receives alimony and has remarried has the burden to prove that his or her ex should keep paying support. Specifically, the recipient spouse must prove that extraordinary circumstances warrant continuation of alimony. This is tough to prove, and it depends on the circumstances. In determining whether to terminate or continue the alimony award, courts looks at a number of different factors. For example, courts may consider the new spouse’s income and financial resources. Courts will also consider the impact that terminating alimony would have on the recipient spouse’s ability to meet his or her needs. Either party can request the court to modify or terminate alimony. To do so, one of you would need to file a complaint with the court asking for the change. After the other party is served with the complaint, he or she will have the opportunity

Under Massachusetts law, courts consider a number of factors in determining whether to award alimony and if so, the amount and duration of the alimony award. One factor is the income of the parties. But what happens if one of the parties is unemployed or underemployed? How do courts decide what—if any—income to assign to that party? A judge has discretion to determine what income to assign the parties for purposes of calculating alimony, which is also known as spousal support. It is important to know that a judge is not limited to using only a party’s actual earnings. The judge may also consider a party’s potential earning capacity and may impute a higher income to that party as a result. In order to impute income to a party, the judge must find that the party is earning less than he or she otherwise could earn with reasonable effort. The judge considers factors such as the training, education, employment history, and health of the party. The judge also considers whether that party is the primary caretaker of children and if so, the age, number, and needs of those children. At the start of every divorce proceeding, both parties must file a financial statement with the court. This statement requires the parties to disclose all income and assets. This information is key to helping a judge determine income for purposes of alimony. In addition to the financial statements, a judge may also consider testimony of the parties at hearings and any