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Does Spousal Support End if Your Former Spouse Remarries in San Diego?

On Behalf of | Jan 6, 2021 | Spousal Support

Does spousal support end if your former spouse remarries?  Here in San Diego and across California spousal support is ordered to level the financial playing field between the parties during and after a divorce.  Spousal support no longer provides the tax benefits it used to and is a substantial hit to any budget.  Have you learned your former spouse is going to remarry?

So what happens?  How long does spousal support last and does spousal support end if your former spouse remarries?  In the vast majority of cases remarriage should immediately terminate existing spousal support obligations.  In fact, most San Diego spousal support orders require the recipient of spousal support to notify the payor if they intend to remarry.

What happens if the recipient of spousal support remarries without telling the payor in order to keep receiving the money?  This is a violation of California law and the recipient usually has an obligation to pay those funds back with interest.

Does spousal support end if your former spouse remarries when there is a prenuptial or post-nuptial agreement in place?  This is a different scenario than orders issued by a Judge during divorce.  The terms of the specific agreement will answer the question of termination.  If the agreement was poorly written or failed to address the issue of remarriage the payor may continue to have an obligation to pay spousal support.

Does spousal support end if your former spouse remarries in San Diego?  The answer lies in the documents governing the spousal support.  This is why it is important to contact the Certified Family Law Specialists at Burke & Domercq.  We will review the specific orders and/or agreements in your case and provide sound advice and counsel.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.