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How does remarriage affect your divorce agreement?

On Behalf of | Oct 28, 2021 | Alimony

Couples who wed in California probably think their marriage will last forever. However, things happen and many couples end up getting divorced. Of course, it’s always possible to find love again and remarry a new spouse. You might wonder how your remarriage might affect your divorce agreement.

What happens with alimony when a former spouse remarries?

Per California law, if the ex-spouse who was receiving alimony gets remarried, those payments will end upon their new marriage. This is because the purpose of spousal support is to help the person financially get back on their feet. However, in some cases, the former spouse who was making payments might choose to continue doing so even though they are not required to by law.

In some cases, it might have been discussed during the divorce proceedings that should one party remarry, alimony payments could stop.

If the spouse who was making the alimony payments is the one to get remarried, their obligation would remain the same. They would have to continue paying spousal support to their first spouse. However, depending on the circumstances, it might be possible to request a modification of the original support order. For example, if that person’s financial situation dramatically changed in a negative manner, it might be necessary to ask the court to modify the alimony order.

What happens if the second marriage ends in divorce?

Some people might wonder if alimony payments would have to be resumed if the person who was receiving support divorced their second spouse. In most cases, this does not happen. If the individual were to require spousal support, payments would be made by their second ex-spouse.

Does remarriage affect child support?

Unlike alimony payments, child support payments don’t change when the spouse paying that support gets remarried. Even if that person ends up having children with their new spouse, they will still be obligated to pay child support for any children from their first marriage. This is because the support goes for the benefit of the children and not the former spouse.

Remarriage can result in changes to your divorce agreements. Depending on who was giving and who was paying alimony, payments might end or continue.