Imagine this: you’ve been receiving spousal support after a divorce, and life seems to be settling into a new rhythm. Then, you meet someone new, fall in love, and decide to get married again. It’s a joyful moment, but a big question pops up—what happens to your spousal support? Let’s break this down so it’s easy to understand.
Spousal support (also known as alimony) exists to help one spouse maintain financial stability after a divorce. It’s a way to bridge the gap, especially when one spouse earned significantly more during the marriage. But remarriage can change everything, so let’s get into how.
Does Remarriage Automatically End Spousal Support?
If you’re the spouse receiving support, remarriage will almost always mean the payments stop. Under California Family Code Section 4337, spousal support obligations typically terminate when the supported spouse remarries. The law assumes that the new marriage comes with financial support from the new spouse, making continued alimony unnecessary.
Are There Exceptions?
While remarriage usually ends spousal support, there are exceptions:
- Court Orders or Agreements: If a court order or a prenuptial agreement specifies that spousal support continues after remarriage, the payments won’t automatically stop. This is rare but possible.
- Lump-Sum Alimony: In some cases, spousal support is paid upfront as a lump sum. Since the payment is already made, remarriage doesn’t affect it.
What If Your Ex-Spouse Remarries?
If you’re the one paying support, your ex-spouse’s remarriage is a game-changer. The law allows you to file a motion with the court to terminate your spousal support obligation. However, this doesn’t happen automatically—you’ll need to take action.
Steps to End Support
- Gather Evidence: Proof of remarriage, such as a marriage certificate, is essential.
- File a Motion: Submit the required forms to the court requesting termination of spousal support.
- Act Quickly: Delaying can lead to unnecessary payments, as courts may not reimburse overpayments.
Need help finding the right forms? You can often locate them on your county court’s website or consult with a family law attorney to ensure everything is in order.
What About Overdue Support?
Here’s a critical point to remember: remarriage doesn’t erase overdue support payments. If you owed spousal support before the remarriage, you’re still on the hook for those payments.
Additionally, the supported spouse is required to notify the paying spouse of their remarriage promptly. Failing to do so can lead to legal consequences, including potential court-ordered refunds.
Exceptions to the Rule: Prenups, Postnups, and Special Circumstances
Prenuptial and postnuptial agreements can complicate the question of whether spousal support ends after remarriage. If you and your ex-spouse agreed—either before or after the marriage—that alimony would continue regardless of remarriage, the court will honor that agreement.
Court-Ordered Continued Support
In rare cases, a judge may order spousal support to continue even after remarriage. This might happen if the supported spouse proves extreme financial hardship or other exceptional circumstances. While uncommon, it’s worth discussing with an attorney if you think it applies to your situation.
Annulment of the Remarriage: Does It Change Things?
If the remarriage ends in an annulment rather than a divorce, the situation gets tricky. An annulment essentially erases the marriage, which might reopen the question of spousal support. However, the court will need to weigh several factors before reinstating payments, and outcomes vary depending on the specifics of the case.
Cohabitation: Another Factor to Consider
Even if remarriage isn’t on the table, cohabitation with a new partner can affect spousal support. Courts often view cohabitation as a sign that the supported spouse’s financial needs have decreased. Factors like shared expenses and financial contributions from the new partner come into play.
What Counts as Cohabitation?
- Living together for an extended period.
- Sharing financial responsibilities, like rent or utilities.
- Publicly presenting yourselves as a couple.
If you suspect cohabitation might impact your spousal support obligations, consulting with a lawyer is your best bet.
Facing Changes in Your Spousal Support Situation?
Whether you’re the one paying or receiving support, changes like remarriage or cohabitation can create new challenges. At Holstrom, Block & Parke, we’ve helped countless Californians with family law matters, including spousal support modifications. Our Certified Family Law Specialists are here to guide you through every step of the process.
Got questions about your rights or next steps? Call us today at 855-426-911 or fill out our online contact form to schedule a consultation. We’ll help you understand your options and work toward the best possible resolution for your situation.
