Your Divorce Benefits – What Happens When You Re-Marry?

divorce-heart-001.jpgTMZ reports that actor Jeremy London managed to finalize his divorce from Melissa Cunningham, get married to Juliet Reeves and become a new father to son Wyatt all in the span of one week! That sure is a lot of change for one person. With all that change, I wonder if he contemplated how his new marriage might affect the terms of his recent divorce.

It is very common for people to get remarried after a divorce. Usually the new marriage doesn’t happen quite as quickly as London’s did. Nonetheless, before getting remarried, it is important to seriously consider how your remarriage can affect many of the benefits that you may still be receiving as the result of a previous divorce. One specific consideration is the possibility of discontinuation of spousal support.

Spousal support, for instance, will cease when the partner who is receiving the support remarries, unless the parties have agreed in writing otherwise (California Family Code Section 4337). If you settled your divorce, your agreement should include a provision to this effect. However, some agreements may specifically state that spousal support will continue to be paid regardless of whether the supported spouse gets remarried. Or an agreement may provide for a lump sum support payment or transfer of property in lieu of support, in which case the supported spouse’s remarriage will not affect the spousal support agreement. If you are contemplating remarriage, it is important to review the terms of your divorce agreement and to be aware of the fact that there is a good chance that as soon as you get remarried, you will stop getting that monthly support check in the mail from your previous spouse.

divorce-remarriage-001.jpgIf you are the payor of spousal support and you are the one who remarries, then your obligation to pay spousal support to your first spouse will not cease. However, re-marriage after a divorce will still have a significant impact on the person who was the bread-winner in the first marriage (i.e. typically the one paying support). Not only is that person contributing to the finances of the former household, but he/she is now also financially contributing to the new household. This may pose some issues with your new spouse who might resent the fact that a portion of your money is going to your ex-spouse instead of your new family.

Please contact us if you are considering a divorce from your spouse or if you are looking to remarry after a divorce. One of our experienced attorneys can explain to you how your re-marriage will affect the terms of your previous divorce. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). With the right attorney on your side you can avoid costly mistake and enter into your new marriage confident that you have made an informed decision. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.

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