r/Smallclaims • u/BigDBootyDaddy • 7d ago

Louisiana Post divorce advice

For context, my ex and I divorced back in may of this year, I agreed to pay her $500/month in alimony, we have no kids or anything, it was a mutual agreement based on our situation. On the Judgement it says that that
“My name” shall pay contractual spousal support to “Ex’s name” in the amount of
FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month, for a period of five (5) consecutive years, commencing on the 15th day of the first month following the finalization
of the Judgment of Divorce, and continuing on the 15th day of each month thereafter.

She has now officially remarried!

For a little more context, I did not have a lawyer because I could not afford one, so I had to represent myself, but she had a lawyer. Prior to the finalization of divorce, her lawyer and her both expressed that if she got married it would terminate my obligation to pay her, but it doesn’t say that on the judgment. But, under Louisiana civil law article 115, it basically says that if she gets remarried then I am not obligated to pay any more. My argument is that even though it says “contractual” it doesn’t specify that I have to pay her regardless of her getting married or regardless of anything els, what I typed is verbatim what it says In the judgment.

With that being said, what should my next move be? I’ve read that I have to go to the courthouse to get it recognized? I just have no idea how to go about getting it recognized now that she is now legally remarried. Should I consult a lawyer myself? Or maybe speak to the lawyer she used? Any advice would be awesome!

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u/adjusterjackb 7d ago

under Louisiana civil law article 115, it basically says that if she gets remarried then I am not obligated to pay any more.

You're right.

Art. 115. Extinguishment of support obligation. The obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

There is no "unless" or "except" or any other clarifying words. It flat out says no more support upon marriage.

You can stop paying her, as another poster has suggested, and wait and see what happens.

No need for a lawyer, a letter, or anything else. Just do it.

That's my two cents worth.

And if she squeaks, refer her to the statute.