Spousal support, or alimony, is a crucial aspect of many divorce settlements. But what happens to these payments if your ex-spouse decides to remarry? At Primus Family Law Group, we understand the intricacies of spousal support and are here to help you navigate this situation. Let’s explore how remarriage impacts spousal support obligations.
Spousal Support and Remarriage
When the recipient of spousal support gets remarried, the obligation to pay spousal support typically ends. However, there are exceptions and specific scenarios that can influence this general rule.
Exceptions
- Remarriage and Termination of Support
Consider a scenario where James has been paying spousal support to his ex-wife, Emily. Emily remarries but James and Emily signed an agreement that the spousal support James pays is non-modifiable regardless of remarriage. In this case, James is still obligated to continue making payments. In most cases, James’s obligation to pay spousal support would end upon Emily’s remarriage.
Consider a scenario where James has been paying spousal support to his ex-wife, Emily. Emily remarries but James and Emily signed an agreement that the spousal support James is pays shall continue for a certain length of time and that period of time has not finished. In this case, James is still obligated to continue making payments until that time period has run its course.
Tip: James should obtain a copy of Emily’s marriage certificate in case there is any dispute as to whether or not they are legally married.
- Cohabitation Without Remarriage
In another situation, Alex pays spousal support to his ex-husband, Jordan. Jordan moves in with a new partner but does not get remarried. Alex is unsure if this affects his spousal support payments. Cohabitation can sometimes lead to modification or termination of spousal support, depending on the circumstances and state laws.
Consider a scenario where Alex has been paying spousal support to his ex-husband, Jordan. Jordan has a religious commitment ceremony with his soul mate, but they do not obtain a legal marriage certificate. In this scenario, without a legally binding marriage, Alex is still obligated to continue making payments but may be entitled to a modification or termination.
How to Handle: Alex should document Jordan’s cohabitation and consult with an attorney to determine if a modification of the spousal support order is warranted. Courts may consider cohabitation as a change in circumstances that justifies modifying or terminating support.
- Lump-Sum Spousal Support
In a different scenario, Lisa agreed to pay a lump-sum spousal support to her ex-spouse, David, as part of their divorce settlement. Even if David remarries, Lisa’s obligation to pay the lump-sum amount remains unchanged since it was agreed upon as a one-time payment.
How to Handle: Lisa should be very clear on the consequences of a lump sum spousal support payment and ensure she has an attorney skilled in the various kinds of spousal support options so as to provide Lisa with the expertise and advice to allow her to make an informed decision.
Understanding Your Legal Rights
Navigating the legal implications of spousal support and remarriage can be complex. Each case is unique, and understanding your rights and obligations is essential. Consulting with a skilled and experienced attorney can provide clarity and ensure you take the appropriate steps to protect your interests.
How Primus Family Law Group Can Help
At Primus Family Law Group, we offer a free 30-minute phone consultation to discuss your specific situation and provide the guidance you need. Our team of California Family Law Certified Specialists is here in San Diego to help you understand how remarriage affects spousal support and what actions you can take. Don’t hesitate to reach out to Primus Family Law Group for expert advice and support regarding this and any of your San Diego Family Law questions.