How Remarriage Could Affect Spousal Support

signAs a general rule,spousal support, which is also sometimes referred to as alimony, no longer needs to be paid once the supported spouse gets remarried in the state of California. This can be done without either party having to return to court, though you may be required to file a motion to show a substantial change in circumstances. While this may seem like a simple enough answer, there are some exceptions and cases that are not quite as straightforward. For example, if the remarried spouse’s marriage is annulled, the court may decide that alimony should resume.

It is also possible for cohabitation to impact spousal support. Cohabitation would have to be romantic rather than simply having a roommate, and typically requires signs of financial dependence such as joint accounts, joint debt, and joint purchases. In this case, the court would consider the supported spouse’s new financial circumstances and choose to either decrease alimony or terminate it altogether, though this is all done on a case-by-case basis with no steadfast rules. However, in any case, if both parties previously agreed upon non-modifiable support – also known as a Marital Settlement Agreement – these exceptions may not be applicable.

The attorneys at Chung & Ignacio, LLP have spent years protecting the rights of our clients in many areas, including divorce and family law. With our years of collective experience, we are able to utilize our diverse professional and personal backgrounds to serve your best interests.

For a free consultation, contact our Rancho Cucamonga divorce lawyers at (909) 726-7112

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