Remarriage & Divorce Agreements

How Does Remarriage Affect My Divorce Agreement?

Remarriage could potentially affect certain aspects of your divorce, such as child custody and spousal support. After a divorce is complete, both individuals are free to remarry. Remarriage would not necessarily impact child custody unless the new spouse adversely affects the child. For example, if a parent with partial or total custody remarries someone who endangers the child, the other parent could potentially petition for a modification to child custody.

Remarriage is most likely to affect a spousal support order. In order to petition for a change or end to spousal support in California, the petitioner must show a substantial change in circumstances, and remarriage could fit that criteria[1].

The California Courts also state that,

"Spousal or partner support also ends if your former spouse or domestic partner remarries or enters into a new domestic partnership. You may need to have a new Earnings Assignment Order for Spousal or Partner Support prepared with a $0 amount. You can also make an application on your own (called an "ex parte" application) to end the wage assignment if your spouse passed away or remarried or if the support payments have not been delivered to your ex spouse for over 6 months because your employer or the child support agency has not had a current address for your spouse."

If you need to petition for a modification of your divorce agreement because your ex remarried, we invite you to contact our Rancho Cucamonga divorce lawyers today for a free evaluation of your case.

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