What Happens to Spousal Support If My Ex Remarries or Moves In With Someone

When an ex-spouse remarries or moves in with someone new, it can feel like a punch to the gut if you’re the one paying spousal support. You might be thinking, “Do I still have to pay? This isn’t fair.” You’re not alone in feeling this way. Many people in your shoes feel a mix of frustration and confusion.

The good news is, you don’t have to figure this out alone. RM Law Group LLP is here to help you understand what happens next and explore your options. Our Irvine spousal support lawyers have been helping Irvine residents for years. We stand by you, every step of the way. 

What Remarriage Means for Spousal Support

It is true that when the person receiving spousal support gets remarried, the support usually stops. California Family Code section 4337 is clear on this: “Except as otherwise agreed by the parties in writing, the obligation of a party to pay spousal support terminates upon the death of either party or the remarriage of the supported party.” This means, unless you had a special agreement in writing that said otherwise, your duty to pay spousal support ends the moment your ex walks down the aisle again.

The law sees remarriage as a new financial beginning for the person receiving support. It assumes that their new spouse will help support them. This is a pretty straightforward rule, and it often leads to the end of spousal support payments without much fuss.

Now, sometimes, people try to be sneaky. They might get remarried in another state or country and hope you don’t find out. But if you have proof of a new marriage, you can ask the court to officially end your spousal support obligation. You’ll need to file a motion with the court, provide the evidence of remarriage, and typically, a judge will issue an order terminating the support.

When Moving In With Someone Changes Things

What about when your ex doesn’t remarry, but they move in with a new boyfriend or girlfriend? This is called cohabitation, and it’s where things get a bit more complicated than remarriage.

California Family Code section 4323 states that there is a “rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner.” What does “rebuttable presumption” mean? It means the law assumes that your ex’s need for spousal support has gone down because they are living with someone new. The burden then shifts to your ex to prove that their financial need has not decreased, even though they are sharing expenses with another person.

Think of it this way: The law figures if two people are living together, they’re probably sharing rent, utilities, groceries, and other bills. This generally reduces the individual’s financial needs for support.

The Evidence You Need to Show Cohabitation

It’s not enough to just say your ex is living with someone. You’ll need to show the court evidence. This can be tricky, as people don’t always advertise their living arrangements. Here are some things that can help show cohabitation:

• Shared Address: Mail addressed to both of them at the same address, driver’s licenses, or other official documents.
• Joint Accounts: Shared bank accounts, credit cards, or utility bills.
• Shared Responsibilities: Proof that they are sharing household duties, like grocery shopping or taking care of a pet together.
• Public Appearances: Social media posts showing them living together, or witnesses who can confirm they reside in the same place.
• Financial Commingling: Evidence that they are pooling money or supporting each other financially.

It’s essential to remember that merely dating someone or spending a significant amount of time at their house isn’t enough. The court is seeking a genuine living arrangement where the parties share a household and expenses.

Modifying or Terminating Spousal Support

If your ex has remarried or is cohabiting, you’ll need to take legal steps to officially modify or terminate your spousal support payments. You cannot just stop paying. If you stop paying without a court order, you may face serious consequences, including being found in contempt of court, owing back support, and being required to pay penalties or interest.

The process usually involves:

1. Filing a Request for Order: You’ll file a motion with the court asking for a change to the existing spousal support order.
2. Providing Evidence: You’ll need to provide all your evidence of remarriage or cohabitation.
3. Attending a Hearing: Both you and your ex will have the chance to present your arguments to a judge.
4. Court Order: If the judge agrees with you, they will issue a new order terminating or modifying your spousal support obligation.

This is where having an experienced California spousal support lawyer on your side makes a huge difference. Gathering the right evidence, preparing the necessary legal documents, and presenting your case effectively to the court make a real difference. 

Contact Our Irvine Spousal Support Attorneys

If you suspect your ex has remarried or is living with someone new in Irvine, don’t wait. The sooner you act, the better. Spousal support obligations can add up quickly, and every month that passes could mean more money out of your pocket unnecessarily.

Dealing with spousal support issues can be a heavy burden. It’s okay to feel overwhelmed, but you don’t have to face it alone. RM Law Group LLP understands what you’re going through. We’re here to help you understand your rights, gather the evidence you need, and guide you through the process of modifying or terminating your spousal support payments.

Give us a call at RM Law Group LLP today at 949-620-6200 or fill out our confidential contact form. We’ll listen to your story, explain your options, and help you determine the best course of action. Let’s work together to make things right.

About the Author

RM Law Group, LLP is a trusted family law firm serving clients throughout Orange County, Los Angeles, San Bernardino and Riverside County. Understanding the emotional and legal complexities of family matters, the firm is committed to resolving disputes with efficiency and minimal conflict. Clients benefit from personalized guidance and strategic solutions at every stage of the process. Backed by strong courtroom experience and a deep understanding of evolving legal standards, the firm’s attorneys know when to negotiate and when to take decisive legal action. Attorney Jason Martinez, a Certified Family Law Specialist by the State Bar of California, reflects the firm’s dedication to excellence in family law.

Follow on Social:
https://www.rmlawgroupllp.com/
https://www.linkedin.com/
https://www.instagram.com/
https://www.youtube.com/