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Spousal support, also known as alimony, is awarded to one spouse when a married couple divorces. Spousal support is a series of payments made from the spouse with the higher income to the other during the divorce process, and in many cases, once the divorce is finalized. However, in Califonia, if the supported spouse remarries, alimony may be impacted. Our San Diego divorce lawyers explain how in the blog below.
Remarriage and Spousal Support in California
When your ex-spouse gets remarried, it’s common not to want to continue paying their spousal support. The idea behind alimony is to make the transition from a combined-income household to one less fiscally devastating for the lower-earning spouse. Therefore, when they get remarried, they are entering into a two-income home again, and support should not be necessary anymore.
Fortunately, under California law, when the supported spouse gets remarried, the obligation to pay future spousal support automatically ends. The paying spouse doesn’t need to file a motion to terminate support, and no court action is necessary.
The supported spouse, on the other hand, must notify the paying spouse that they have remarried. If they fail to do so, the court will order the supported spouse to refund the paying spouse for excess payments after the date of the wedding.
It should be noted that in cases where there are overdue support payments, vested lump-sump alimony payments, or transfers of property, the remarriage of the supported spouse will not terminate alimony.
Are There Any Exceptions to the Remarriage Alimony Law?
If the couple explicitly states in their marital settlement agreement (MSA) or prenuptial agreement that remarriage does not impact alimony, then couples can agree to waive the right to terminate spousal support.
This means that the paying spouse will still be responsible for making future support payments even in the event that their ex gets remarried. Before signing any kind of pre or post-marital agreement, it is important to consult with an experienced family law attorney to review the details.
Have questions about spousal support in California? Call Embry Family Law P.C. today at (619) 485-6476 to speak to our skilled San Diego family law professionals.