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How remarriage affects spousal support in California

On Behalf of | Jan 27, 2025 | Spousal Support |

Spousal support provides financial assistance to a lower-earning spouse after a divorce. However, certain life changes can impact these payments, including remarriage. In California, remarriage significantly affects spousal support, but the exact outcome depends on the circumstances.

Termination of spousal support upon remarriage

Under California law, when the receiving spouse remarries, their right to continue receiving spousal support automatically ends. This happens automatically unless the divorce agreement says otherwise. Courts believe remarriage lowers the need for support since the new marriage often adds financial support.

Impact on the paying spouse’s obligations

If the person paying spousal support gets remarried, their obligation to pay does not change. California courts do not reduce spousal support because the paying spouse has new financial responsibilities. Payments continue until the court changes or ends the support order for other reasons.

Exceptions for long-term marriages

In cases involving long-term marriages, which California defines as those lasting ten years or more, the court may retain jurisdiction over spousal support indefinitely. Even so, the receiving spouse’s remarriage usually terminates support unless exceptional circumstances justify continuing the payments. These exceptions might include a written agreement or specific terms outlined in the divorce decree.

Steps to take after remarriage

If the person receiving spousal support gets remarried, they must tell the paying spouse right away. This helps avoid overpayments, which the paying spouse can recover through legal action. A formal request to terminate spousal support should also be filed with the court to update the existing order.

Legal guidance for spousal support issues

Understanding spousal support rules in California can be difficult. Whether trying to change or end support, it is important to get legal advice. A family law professional can help protect rights, avoid confusion, and handle any disagreements.

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