Does Remarriage Affect Your Divorce?
When you or your ex-spouse remarry, some of the agreements from your
divorce may change. After a divorce, especially one involving children, one party
may have a financial duty to the other through court-ordered payments of
child support or
spousal support. When your financial situation changes, as it does in remarriage, this
could justify a
modification to your divorce settlements, or the remarriage itself could stop payments
altogether.
Does Alimony End When You Remarry?
In California, spousal support payments will lawfully end when the receiving
spouse remarries. Spousal support, also called alimony, is designed to
financially assist the receiving spouse after the marriage ends, but when
that individual remarries the responsibility therefore ends. While the
supporting ex-spouse may choose to continue to make alimony payments,
he or she is under no legal obligation to do so. This is not the same
as a modification, so neither the receiving individual nor the payee should
need to take any action to stop payments, as the remarriage will take
care of that on its own under California law. However, the spouse who
marries does have a legal obligation to inform the paying spouse of the
remarriage.
If the paying spouse remarries, he or she will still need to make spousal
support payments. If the marriage comes with a drastic change in financial
position, a modification may be possible, but in most situations, the
remarriage of the paying party will not change the obligation to continue alimony.
If My Ex Remarries, Does it Affect Child Support?
Child support payments, on the other hand, will likely be unaffected by
the remarriage of either parent. While spousal support payments are paid
for the benefit of the divorced individual, child support payments paid
purely for the benefit of the child, not the parent who receives the support.
For this reason, a remarriage does not often alter the responsibility
either parent has to their child.
However, if the remarriage also comes with serious financial changes, the
court may consider a modification to the support payments. For example,
if the paying parent is now responsible for supporting other children
from another relationship his or her financial situation may require an
adjustment to the child support payments. A parent who makes child support
payments may also wonder why payments are still necessary when the custodial
parent and his or her new spouse are financially well-off. Even if the
custodial parent is capable of taking on full financial responsibility
for the child, the point of child support is to ensure that both parents
take equal financial responsibility for their child. Therefore, it is
in both parents’ best interest to continue making payments.
Does Remarriage Affect Child Custody?
In some cases, when a divorced parent remarries they may wish to make adjustments
to child custody. If they wish to relocate, for example, they may need
to agree to a change in custody or seek permission from the child’s
other parent. In other instances, the parent’s new spouse may wish
to adopt the children from a previous marriage. This is not typically
doable unless the non-custodial parent has relinquished all parental rights.
It is important to remember, however, that every situation is different.
If you are remarrying, or your ex-spouse has remarried, it is important
that you seek the professional advice of a family law attorney, especially
if you have any concerns about your divorce settlements. Our firm can
go over your settlements and help you determine your next step.
Contact Arnold Law Group, APC
to discuss your situation with our Fresno family lawyers.
Blog Author: Attorney Joseph Arnold​
Joseph Arnold formed Arnold Law Group, APC​.
Visit his bio to learn more about how he approaches each client with compassion, while
still fighting for justice.
More Blogs By Joseph Arnold:
When Does Spousal Support End in California?