The Modification or Termination of Alimony in California
In the State of California, spousal support can be awarded from one spouse to the other after a divorce or legal separation. Depending on the financial circumstances of the divorcing parties at the time of the separation, family law courts may award spousal support when one spouse needs monetary assistance as a result of unemployment or low income. Spousal support, however, may be modified or terminated if the receiving party remarries. Whether you are making spousal support payments or receiving them, understanding how a remarriage can affect the order is important. To learn more about your rights and responsibilities, discuss your case with a knowledgeable family law attorney. Southern California’s premier family law firm, the Knez Law Group, LLP can help.
For more than five decades, the Knez Law Group, LLP has handled a variety of family law cases, including spousal support. Well-respected in their field, the firm excels in handling the most complex spousal support cases. To schedule a complimentary consultation with the proficient legal team, call (951) 742-7681 today.
The Impact of Remarriage on Spousal Support
Based on the California Family Code §4337, the legal obligation to pay alimony will usually end when the receiving spouse is remarried. Based on current law, the paying spouse does not need to file a motion to cease payments and court actions will not be required.
The receiving spouse has a legal obligation to notify the paying party of his or her marriage in order to cease payments. If the receiving party fails to do so, he or she may face repayment for the excess payments following the wedding. In this scenario, the paying party will need to go to court to file a motion in order to terminate the support. At this point, the paying party can ask for a refund of the excess payments. The family law judge will make a decision based on the circumstance of each individual case.
The Implications of Cohabitation on Alimony
Based on California law, spousal support can be reduced or terminated on a rebuttable presumption when the receiving spouse is cohabiting with another. According to Family Code §4323, the court will assume that the reduction or termination of payments is appropriate unless the receiving spouse can demonstrate that there is still a need for spousal support, in spite of living with another romantic partner.
When the receiving spouse is remarried, spousal support payments can oftentimes come to end, but when the receiving spouse is living with another person, it is up to the paying spouse to file a motion in order to modify or terminate the alimony. It is commonly recommended to discuss the issue with the former spouse to reach an agreement as to whether the alimony should be ended or lowered. A formal agreement can be signed and this can then be filed with the court.
Discuss Your Case With a Knowledgeable Family Law Attorney
Whether you are a paying or receiving party in a spousal support order, you should know that you have rights. If you have additional questions about alimony and remarriage, consider discussing your case with a knowledgeable attorney who will advocate on your behalf.
The family law litigators at the Knez Law Group, LLP understand the complexity and nuances of spousal support. The firm understands how difficult these types of cases can be on their clients, and they work hard to ensure the process is as straightforward as possible. To schedule a complimentary consultation with the experienced team at the Knez Law Group, LLP consider filling out the confidential contact form here.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.