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Thomas Swartz
Thomas Swartz, Lawyer
Category: Family Law
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I went through a divorce 1.5 years ago in the state of

Customer Question

I went through a divorce 1.5 years ago in the state of Colorado. I want to know if my wife gets re-married can I stop paying maintenance. Also How do I find out if in fact she is re-married.
Submitted: 2 months ago.
Category: Family Law
Expert:  Thomas Swartz replied 2 months ago.

Hello Micahael,

Yes you can stop payments. If a spouse receiving spousal maintenance remarries, you can automatically stop making maintenance payments. This the case unless you and your ex-wife entered into a agreement that maintenance payments would continue even she remarried. This is provided for in Colorado Revised Statutes Section 14-10-122(2)(a)(III), which provides as follows:

(2)(a) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the earlier of:

(III) The remarriage of or the establishment of a civil union by the party receiving maintenance.

With regard to how you can find out if she is remarried, you can request a search from the Colorado Department of Public Health & Environment, and/or you can contact the clerk of the county in which you suspect the remarriage took place.

I hope this answers your question.


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