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How Will a New Relationship Affect the Recipient of Spousal Support after a Carlsbad Divorce?

On Behalf of | Feb 3, 2021 | Spousal Support

How will a new relationship affect the recipient of spousal support after a Carlsbad Divorce?  Are you receiving spousal support and wondering how a new serious relationship may affect your finances?  Are you presently paying spousal support to a former spouse who has moved in with a new partner?  What becomes of spousal support obligations in these cases?

It is quite common for those who have experienced a divorce to consider living with a new partner before considering a new marriage.  However, it is important to consider the financial implications of a “material change in circumstance” which might affect qualification for continuing spousal support.

While this may be a high legal standard to reach our Family Court will usually consider cases to modify existing spousal support orders based on a substantial change in the financial circumstances of the recipient or the payor.

In order to determine how a new relationship will affect the recipient of spousal support after a Carlsbad divorce one must consider the commingling of finances in the new household, reduction of overhead such as a mortgage or rent, or an improvement in the quality of the lifestyle which results.

What happens if the person paying spousal support loses their job?  COVID-19 has had a substantial impact upon business here in Carlsbad and throughout San Diego.  The loss of a job can make it difficult to continue spousal support payments.  Likewise, the loss of a job on the part of the recipient may increase their need for support.

Spousal support is an important tool the Court uses to level the financial playing field between the parties.  How will a new relationship affect the recipient of spousal support after a Carlsbad Divorce?  If the parties are simply “dating” and have not moved in together it will generally not impact existing support orders.

If the recipient of spousal support has moved in with a new partner and the need for spousal support has been reduced a viable case may be presented.

These are complex legal and financial cases.  This is why it is important to work with the experienced Certified Family Law Specialists at Burke & Domercq.  We invite you to 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.