Navigating the complexities of spousal support can be challenging, especially when circumstances change. One common question we encounter at Primus Family Law Group in San Diego is: “Do I still pay spousal support if my ex gets remarried?” Understanding how remarriage impacts alimony obligations is crucial for both the payer and the recipient.
The Impact of Remarriage on Spousal Support
In California, the law is quite clear about the effects of remarriage on spousal support. Generally, if the recipient of spousal support remarries, the obligation of the payer to continue providing alimony typically ends. This is codified in the California Family Code, which states that spousal support terminates upon the remarriage of the supported party unless otherwise agreed upon in writing.
Different Scenarios
Let’s explore a few hypothetical situations to better understand how this plays out:
Case 1: The Remarriage Clause
Imagine John and Lisa. John has been paying spousal support to Lisa for several years after their divorce. Lisa recently got remarried. In this scenario, John is generally no longer required to continue paying alimony to Lisa. However, if their divorce agreement included a specific clause stating that John must continue payments regardless of Lisa’s marital status, John would need to abide by that agreement.
Case 2: Cohabitation vs. Remarriage
Now consider Mark and Sarah. Mark pays spousal support to Sarah. Sarah begins living with her new partner but does not marry them. While cohabitation can sometimes influence the amount of spousal support, it does not automatically terminate the obligation as remarriage does. Mark will need to go to court to seek a modification of the support amount based on this new living arrangement.
Case 3: Remarriage and Lump-Sum Alimony
In another example, consider Emily and Steve. Steve agreed to pay Emily a lump-sum alimony as part of their divorce settlement. Emily remarries six months later. Because the alimony was a one-time lump sum rather than ongoing payments, Steve’s obligation is already fulfilled, and Emily’s remarriage does not affect this.
Steps to Take If Your Ex Remarries
If you find yourself in a situation where your ex-spouse is getting remarried and you’re unsure about the next steps regarding your spousal support obligations, here are some steps to consider:
- Review Your Divorce Decree: Carefully read through your divorce agreement. Look for any clauses that might outline the terms of spousal support upon remarriage.
- Seek Legal Advice: Consulting with a family law attorney is essential. At Primus Family Law Group, our experienced team of California Certified Family Law Specialists can help you understand your rights and obligations.
- File a Motion to Terminate Support: If your divorce decree does not include specific language terminating spousal support upon remarriage and your ex has remarried, you may need to file a motion with the court to officially terminate your spousal support obligation.
How Primus Family Law Group Can Help
Dealing with changes in spousal support can be complex and emotionally taxing. We understand the intricacies of California family law and are committed to helping you navigate your legal obligations and rights. If you have questions or need assistance with spousal support issues, don’t hesitate to reach out to Primus Family Law Group for a free 30-minute phone consultation.