How Does Remarriage Affect My Divorce Agreement?

After a divorce is complete, both individuals are free to remarry. However, remarriage could potentially affect certain aspects of your divorce, such as child custody and spousal support. Remarriage would not necessarily impact child custody unless the new marriage was unfavorable to the child. For example, if a parent with total custody remarries someone who endangers the child, the other parent could petition for a modification to allow them full custody, since the former court decree is no longer in the child's best interests. Similarly, a parent with only partial custody could have all visitation and custody rights revoked if their new spouse is considered adverse to the child.

Most likely, remarriage will affect a spousal support order, since the new marriage can alter the financial or even physical situation of the former spouse. In order to petition for a change or end to spousal support in California, the petitioner must show a substantial change in circumstances. For example, the spouse collecting alimony is now receiving additional income from their new marriage, which might make it unnecessary for their ex to pay spousal support at all. Conversely, a new marriage might result in a lower standard of living for the person receiving spousal support, which could mean the other spouse is now financing their ex's new partner.

If you are considering remarriage, or you want to know how your ex's remarriage will affect your divorce, contact our attorneys at (909) 726-7112 and schedule your free initial consultation!

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