More details to this question:
Could I lose my alimony if it is stated in my Marital Agreement Settlement "even if I remarry" my ex-husband has to pay me alimony until the agreed amount has been reached. He is telling me that he could take me to court and have that reversed and I would get nothing. It also states that the alimony is due on the first of every month. He says he can pay me anytime during the month. If it says the first it is the first correct?
1 ANSWER
It sounds like you have an agreement to receive lump sum alimony, which does not terminate upon remarriage. Further, since you say there is specific langauge addressing that alimony does not terminate when you remarry, then your ex is probably just trying to scare you. However, without reading the entire agreement I cannot give you a definite answer as there is always the possibility that another part of the agreement may change my opinion.
As to the alimony, if the agreement says the 1st, then its the 1st. The problem is you would have to take your ex to court and file a motion to compel enforcement/ motion for contempt to have the provision enforced. You could ask for an Income Withholding Order, whereby the alimony would be deducted directly from your ex's pay and sent to you or the state depository.
Best of luck.
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Answered on Jul 11th, 2013 at 5:57 PM