Just because your divorce is finalized does not mean the divorce decree is set in stone. In fact, it is common for one to request the court for modifications if circumstances change for either party. If you or your former spouse were to remarry, for example, this could impact spousal support, which is also known as alimony. If you have concerns regarding any changes you might face if you or your former spouse were to remarry, here is what you need to know:
- If my former spouse remarries, will it impact how much child support I have to pay? Generally, remarriage will not impact child support payments, regardless if the recipient or payee is the one who remarries. This is because the new spouse is not legally responsible for any children you and your former spouse share and, thus, will not be responsible for contributing to such payments. If your spouse remarries someone wealthy, it might seem unfair to continue to have to make the same payments, but the children are still your shared responsibility, regardless if either of you remarries. In order for you to receive a reduction, you would have to prove that the current order presents a major financial hardship and is not in the best interests of the children.
If the new spouse adopts the minor children, the step-parent would become a legal parent to the children and would be required to provide for them, relieving you of your financial obligation to them. However, this also means you would lose your legal standing and are no longer entitled to parenting time.
- If my former spouse remarries, will I still have to pay alimony? The answer to this question is less straightforward and largely depends on how your divorce orders are phrased. Oftentimes, if a former spouse remarries, it will terminate the other party’s obligation to pay spousal support. That said, this is not always the case. If your order was drafted in such a way that spousal support will only be terminated upon the death of either party, remarriage or cohabitation will not qualify as terminating conditions. If you are the payee and remarry, you might end up having more financial responsibilities as a result of your remarriage, but this will not absolve you of your responsibility to make spousal support payments.
If your former spouse moves in with a new partner and you are the payee, you will have to prove they are cohabitating before spousal support can be terminated.
Rocklin Family Law Attorneys
At Myers Family Law, we understand there are a number of reasons why you might need a modification for your divorce and are here to advise you throughout the process to ensure the result will leave all parties involved satisfied with the terms.
Contact our office today at (916) 634-0067 to schedule your initial consultation if you need your divorce agreement modified.