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What Impact Will Remarrying Have Upon a Prior Divorce Settlement?

On Behalf of | Aug 21, 2019 | Family Law

What impact will remarrying have upon a prior divorce settlement?  If you or your former spouse remarries it may directly change some of the orders from a prior divorce settlement. Remarrying will absolutely change the financial “status quo” of previous spouses which may require the modification of previous orders.  It may also signify an immediate end of some support obligations.

For example, let’s use a common example where one former spouse is paying the other spousal support as well as child support.

If the party receiving spousal support remarries the obligation of a former spouse to pay spousal support will in all likelihood terminate on the spot.  Spousal support payments in California almost always end if the former spouse receiving spousal support remarries.  This is usually stipulated in the orders issued during the divorce.  Neither you nor your former spouse should have to take any legal action.

If the person who is paying spousal support remarries, the obligation to pay spousal support to the former spouse should continue.

What impact will remarrying have upon a prior divorce settlement which ordered child support?  Child support payments are based upon the needs and best interests of a child.  They are also based upon the concept that both of the child’s parents are basically equally financially responsible for their children.  The remarriage of either of that child’s parents will most often not change the existing child support orders.

However, what impact will remarrying have upon a prior divorce settlement if the new spouse is financially strong?  What impact will remarriage have upon child support if the person paying child support is now responsible for additional children?  In many situations, these questions are compounded by the need to move out of the area or relocate out of California.

Each situation is unique.  Your circumstances will be based upon several factors including, but not limited to:

  • The “status quo” at the time of your divorce
  • The financial income of all parties
  • The original orders issued by the divorce court
  • The best interests of children

This is why it is important to contact the Certified Family Law Specialists at Burke & Domercq or call 760-389-3927 to learn more or schedule an appointment.  Get sound advice and counsel from experienced Carlsbad family law attorneys who are highly recommended by former clients and the legal industry.