What is the Impact of Remarriage on Spousal Support?
Spousal support can provide financial security to a lower-earning spouse to ensure that his or her quality of life does not decline drastically at the end of a marriage. A couple can agree on an appropriate amount of spousal support or the court can order one spouse to pay support to the other. Once an agreement is in place, the paying spouse is obligated to continue to comply with the terms of the spousal support order or can face legal consequences for not doing so. There are, however, certain things that can have an effect on whether a paying spouse will continue to be obligated to make ongoing payments.
One of the factors that can affect support is remarriage. The impact of remarriage on spousal support varies depending upon the circumstances. If the spouse who is paying support remarries, the new relationship will usually have little or no impact on old obligations to an ex. However, if the spouse who is receiving support remarries, the support payments may stop.
Whether you are receiving or paying child support, you need to ensure that you understand the impact of remarriage on spousal support so you can make informed choices to protect your finances. An Orange County divorce lawyer at Brown & Charbonneau, LLP can help you to learn the laws and understand how your support order will be affected by a wedding.
Understanding the Impact of Remarriage on Spousal Support
If a spouse who is receiving spousal support remarries, this is typically going to lead to the end of the spousal support payments that he or she was receiving. While there may be some limited exceptions, the remarriage virtually always means the paying spouse no longer needs to continue making alimony payments. Child support payments, however, are typically not affected by a remarriage and the paying spouse will need to continue to pay those payments even if the recipient spouse gets married.
If the spouse who is paying support gets remarried, there may be no impact of remarriage on spousal support. The payments will generally need to continue as usual. However, if a child is born to the new marriage, child support typically takes precedence over spousal support. This means that if money is going to the care of the child and there is not enough left over to pay alimony, it may be possible to petition the court for a modification of the spousal support order. Whether a change will be made or not is going to depend upon whether the initial support order was modifiable and whether the paying spouse makes a compelling case for why the support amount needs to decline to leave enough money for the needs of the child.
Our experienced Orange County, CA divorce lawyers at Brown & Charbonneau, LLP can represent you if you are trying to get your support order changed, or if you are arguing against the modification of an existing support order. Call today to learn more about how a family law attorney can provide you with assistance in protecting your finances by representing you on issues related to spousal support. 714-505-3000