What happens to spousal support if the recipient gets remarried?
Remarriage by the support recipient is a material change in circumstances that can justify reducing or terminating spousal support, but it does not automatically end payments. The impact depends on the terms of the original order or agreement, the recipient's new financial situation, and how long support has been paid.
Under the Divorce Act, courts look at whether the new spouse's income or financial support actually improves the recipient's financial situation. If the new marriage significantly reduces the recipient's need, the paying spouse can bring a variation application. If the order contains a clause that explicitly terminates support on remarriage, that clause will generally be enforced.
Cohabitation in a new common-law relationship may also be grounds for variation under some agreements or orders, but the threshold can be different from formal remarriage. If you are the recipient and you remarry, it is wise to speak with a lawyer before assuming support will continue unchanged. If you are the payor, remarriage of the other party is grounds to review whether your obligation should be reduced or ended.
Key takeaways
- Remarriage does not automatically terminate support but is grounds for variation.
- The court considers whether the new marriage actually reduces the recipient's need.
- Some agreements explicitly terminate support on remarriage — check your terms.
- Cohabitation in a new relationship may also affect support.