As you probably already know, alimony is a type of financial support that may be offered to you during a divorce. Usually you will only be paid alimony by your ex-spouse for a short period of time or until other events take place. Courts will usually only order alimony to provide assistance to a spouse who is not financially dependent. Depending on the circumstances, either the spouse who pays or the spouse who gets paid can petition the court to modify or end alimony. But what happens if the spouse who receives it gets remarried?
Remarriage and How it Affects Alimony
In California, if you get remarried, the obligation to pay alimony ends. In some cases, you may get lucky and the paying spouse will agree to continue to voluntarily pay to keep you on your feet even though you remarried. It is so automatic that, the moment the other spouse gains insight that you have remarried, they can stop paying without appearing in court. If the remarriage is annulled and you believe you should still be paid alimony, this is a case in which you would go back to court.
Termination Through the Court
Your spouse may try to terminate alimony even though you have not remarried but instead are living with somebody else or have an increase in income. This gives your spouse the option to file to modify or terminate through the court that granted your divorce. The entrance of a romantic relationship that increases your income may qualify as the “change in circumstances” necessary to get a termination. This is why you should have an attorney on your side who has experience in these cases as a way to protect your rights depending on your case circumstances. Call us today at The Law Offices of Amy M. Montes for more information.
