Spousal Support: What Happens When Your Ex Gets Remarried
The State of California allows for spousal support, in spite of their declining popularity. When one spouse enters into a registered domestic partnership or remarries, all conventional alimony responsibilities cease. If you are making spousal support payments and your ex has remarried or entered into a registered domestic partnership, speak to an attorney who can help you understand your rights and responsibilities. The Inland Empire family law attorneys at RM Law Group, LLP can help.
The family law attorneys at RM Law Group, LLP understand how difficult a divorce or separation can be, and they also understand that alimony can be one of the most challenging aspects of the matter. If you have been ordered to pay alimony and have questions about whether or not you have to keep making payments when your former spouse has entered into a new relationship, discuss your case with the knowledgeable legal team at RM Law Group, LLP. With offices conveniently located in San Bernardino, Ontario, and Rancho Cucamonga, the law firm is prepared to help you. Consider contacting the firm for a free case evaluation – call (909) 453-2707.
A Quick Glance of Spousal Support in California
As per the California Family Code §4300, when a couple gets divorced, family law courts will oftentimes order one of the parties to pay the other in what is known as spousal support or alimony.
Spousal support has existed for many years – it was designed to protect former wives who raise minor children following a separation from the primary economic provider, i.e., their husbands. In the past, women have had limited occupational opportunities and they have required continued financial support following a divorce or separation. When a woman has remarried, however, the new spouse is set to become responsible for her financial wellbeing. At this point, the ex-husband could legally stop making spousal support payments.
Types of Spousal Support That Can Be Subject to Remarriage Termination Provisions
California law allows divorcing partners the opportunity to negotiate their alimony agreements or they can request a court-ordered arrangement. A spousal support order can provide for a lump-sum award, perpetual payments, or short-term support. Generally, short-term spousal support helps the lower-income party reestablish in the workforce. This type of spousal support will usually expire through a court order before the receiving party remarries. Similarly, a lump support award will vest upon entry of the divorce decree.
When one party remarries, this will usually impact the perpetual alimony agreement or long-term spousal support awards. Based on the California Family Code §4337, payments will automatically cease when the receiving party has remarried, unless an agreement has been set in writing. Therefore, a remarriage will usually override spousal support orders. The new marriage will also terminate other obligations previously outlined in the spousal support agreement, unless of course the agreement states that the support will continue even if the receiving party remarries.
Obtain the Qualified Support of a Skilled Family Law Attorney
For the most part, spousal support payments will end when the receiving party legally remarries. If you are unsure whether your case qualifies, an experienced family law attorney can review your divorce settlement agreement and help you determine if you could lawfully stop making alimony payments.
The family law attorneys at RM Law Group, LLP have many years of qualified experience handling divorce cases, including spousal support cases. To schedule a complimentary consultation with the firm, consider calling them today at 888-765-2902 or complete the online contact form here.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
