Will Remarriage Affect My Divorce?

Your marriage is effectively over when the judge signs the divorce decree, but that does not mean your arrangement is set in stone. Just as life is ever-changing, so is your divorce. If you are receiving or paying spousal support or child support, these can change to appropriately suit the needs of the payee and recipient.

Here is what you need to know about how your divorce can be impacted by remarriage:

1.Will my ex-spouse still receive child support if he or she gets remarried? The courts consider children to be the responsibility of both parents and, therefore, whether or not you or your ex-spouse remarry will have no bearing on the payments you have to make. The new spouse is not responsible for your children and his or her income will not be factored into a request for modified child support payments. This might create some anger or resentment, especially if your ex’s new spouse is particularly wealthy, but the wealth of a new spouse is not something the court will consider. However, if the new spouse adopts your children and you relinquish your rights as a parent, you will no longer have to make child support payments. Of course, this also means you have no legal standing as a parent and will no longer be entitled to parenting time.

Conversely, if you were to remarry, the same rules would apply. No matter how wealthy your new spouse is, you will not be expected to make more substantial child support payments.

2.If my ex-spouse remarries, will I still have to pay spousal support? Unlike child support payments, remarriage will most likely terminate spousal support payments. In some cases, however, you might still have to make spousal support payments if your divorce decree does not specifically state that spousal support will be terminated upon the remarriage of your ex-spouse, the recipient, you might have to continue having to make payments. Review the language in your divorce decree carefully. Spousal support might also be terminated if your ex-spouse lives with his or her new partner.

If you were to remarry, you would still have to continue to pay spousal support, despite the incurrence of more financial responsibilities.

Divorce Attorney in Westlake Village

If you are in need of legal assistance with a family law case, contact the law office of Jeffrey S. Graff. My firm is known for providing individualized attention to all men, women, and families I represent. Backed by over 30 years of experience, you can rest assured your case will be in good hands with me.

Contact my office today at (805) 633-4999 to schedule a free consultation.

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