Alimony, or spousal support, plays a significant role in many divorces. When circumstances like remarriage arise, understanding how it affects alimony can clarify financial responsibilities.
Remarriage and alimony termination
Alimony typically ends when the recipient remarries. According to California Family Code Section 4337, spousal support automatically terminates upon remarriage unless otherwise stated in the divorce agreement. The payer is no longer obligated to provide support once the remarriage occurs.
However, under California Family Code Section 4320, courts consider factors like the length of the marriage and the financial situation of both spouses. These factors influence decisions on whether the court should continue alimony or change it.
Exceptions to the rule
If the divorce settlement states that alimony will continue post-remarriage, courts will honor that agreement. Parties can agree to non-modifiable spousal support. This means it would continue even after remarriage. The court allows this as long as the agreement adheres to California Family Code Section 3591(c). Courts may review cases where financial hardships arise despite remarriage. This helps determine whether adjustments are necessary
Effect on temporary alimony
The court uses temporary alimony to provide financial assistance during divorce proceedings. This support ends upon remarriage, following similar guidelines as permanent alimony. Courts aim to ensure the payer does not continue supporting a spouse who has new financial backing from a new marriage
Knowing the details
Remarriage often changes the financial landscape for both parties. Reviewing the terms of your divorce settlement can prevent surprises and clarify expectations. These changes help ensure that financial support reflects the current situation fairly.