How Will a Remarriage Impact Alimony?

person holding money

After your first marriage doesn’t work out, you may rule out the idea that there is someone out there for you. However, when you meet that special someone, you may hear wedding bells. Understanding how remarriage can impact alimony payments is essential. Whether you pay alimony or receive payments, you’ll want to keep reading to learn what you must know before you tie the knot. You’ll also discover how experienced Los Angeles spousal support attorneys at the Zitser Family Law Group can help you.

Will My Remarriage Impact Alimony Payments?

Depending on which spouse remarries, alimony payments may change. If you are a paying spouse and you remarry, your alimony payments will not change. You are still obligated to fulfill your spousal support duties.

If you are a recipient spouse who gets remarried, you will no longer receive spousal support from your ex. This is because you are now with a spouse who will help provide for you.

The only exception to this is if there is a clause in your pre-nuptial, post-nuptial, or divorce agreement that continues spousal support regardless of remarriage. Essentially, if you waive Family Code Section 4337, remarriage will not impact alimony payments.

It is also important to note that if you pay child support for any children you share with your ex-spouse, remarriage will not impact these payments. This is because your ex’s new spouse has no obligation to financially care for your children.

What Should I Do if My Ex-Spouse’s Circumstances Change?

When your ex-spouse remarries, you do not have to file a motion to terminate the payments. Instead, you can stop paying without any formality.

However, it is essential to understand that any missed payments from the months leading up to the union must be paid before you can stop alimony payments following a remarriage. If you do not provide the missing payments, you may be held in contempt of court.

Similarly, if you do not inform your ex-spouse that you are getting remarried and continue to collect alimony payments, your ex may be able to petition the court to receive a refund for the money they paid to you.

If you discover that your ex is cohabiting with a new partner, you may want to file a motion to reduce or completely terminate the alimony payments. This is due to the fact that they are likely sharing living expenses with their new partner while still receiving support from you. They may be avoiding marriage as a means to continue collecting payments from you.

When you have questions about your alimony payments, the Zitser Family Law Group can help. Our dedicated legal team will work hard to help you navigate this complex issue. Contact us today to learn more about how we can help you.

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