Can I go after my ex-husband's new wife for alimony?

Asked by: Bennett Willms  |  Last update: March 24, 2025
Score: 4.6/5 (5 votes)

What If the Spouse Paying Alimony Remarries? If you're paying alimony to an ex under a court order, that obligation doesn't end just because you've remarried. And on the other side of the equation, you can't get more alimony just because your ex has a new spouse or partner.

Can my ex-wife go after my new wife's income?

The court will rarely consider the new spouse's income unless: Both biological parents earn too little money to provide for the child's basic needs. A parent voluntarily or intentionally quits work or reduces their income. A parent remains underemployed or unemployed and relies on the new spouse's income.

What to do if ex-husband isn't paying alimony?

The short answer is that you need to go back to court and talk to a judge about the past due alimony. You may need a motion to enforce the current order. Generally, if there is a court order, the parties must follow the orders. In many cases, one party will refuse to follow the court order.

Do I have to support my husband if we are separated?

Separated means he has no legal reason to support you. It just means you're living apart. So you're on your own until you get an actual legal divorce. Even then you may not be eligible for any support.

Can my ex-wife take money from my new wife?

If you have a joint bank account with your new partner, your ex may be able to claim funds from it to cover your missed payments. Generally, if you keep your income and assets separate from your new partner, they are safe from your spousal support payments and legal obligations.

My Husband's New Wife Demanded Her Share of My Father's Estate, But My Lawyer Had Other Plans

26 related questions found

Can I get more alimony if my ex-husband remarries?

How Does Remarriage Impact Alimony? California Family Code Section 4337 states that spousal support is automatically terminated when the spouse who receives the alimony is remarried.

How do I protect my assets from a new spouse?

Anytime people enter into a second (or subsequent) marriage, or any late-in-life marriage, we strongly recommend having your assets in a trust prior to marriage to protect them from going to your future spouse if you don't want them to AND having a prenup for added protection, to protection non-trust assets from going ...

What happens if you stay married but separated?

In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.

How long do I have to support my ex-wife?

The longer you were married, the longer it's assumed this will take. The judge starts with some basic assumptions: For marriages less than ten years, support will last half the length of the marriage. For marriages more than 10 years, there's no assumption about what's reasonable.

Do I have to give my wife money if we are separated?

A: You do not have to support your wife during separation or divorce unless it is court-ordered by a judge. However, if the court orders you to pay spousal support, you must pay that support.

Can you stop paying alimony if you lose your job?

California law recognizes that circumstances can change after a divorce, including changes in employment status. If you lose your job, you can seek a modification of your alimony payments. The key lies in demonstrating a significant change in circumstances that justifies an adjustment.

What states do not enforce alimony?

Alimony is enforced in all U.S. states, with no exceptions. Specifics of alimony laws, including eligibility and duration, differ across states. Alimony can be durational or permanent, which varies with the marriage length or the couple's circumstances.

Can I stop pay alimony if my ex is living with someone?

In California, cohabitation can significantly impact alimony payments. If you're paying alimony and suspect your ex-spouse is cohabiting, you may be able to reduce or even stop your payments. However, you'll need to prove cohabitation and navigate the legal process carefully.

Does my ex wife still get half of my retirement if she remarries?

Bottom Line. Getting remarried will not affect your accrued retirement or disability benefits under Social Security. However, if you receive divorce of survivor's benefits, there is a good chance that remarriage will affect those payments.

Can my husband's ex-wife come after my money?

No. You have no obligation to her. You might want to keep your finances separate just in case the ex-wife tries to renegotiate her alimony, but that seems incredibly unlikely.

Can my ex wife take everything I own?

Most states use common law principles of equitable distribution when deciding who gets what following a divorce. This means that property acquired by one member of a married couple prior to marriage or as a gift or inheritance during the marriage remains their sole or non-marital property.

How long do most people pay alimony?

In a short marriage (under 10 years) the answer is usually, at the most, one-half the duration of the marriage. In a long marriage (10 or more years), the answer may be until either spouse's death, the receiving spouse's remarriage or further order of the court.

Can you take your ex back to court for alimony?

Whichever the case, a party cannot go back to Court and request alimony or modify alimony unless the Final Judgment specifically awarded alimony and/or reserved jurisdiction to award or modify alimony.

What is the average alimony payment in the US?

How much is alimony usually? Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations. The court also looks at how much the other party makes or could make and how much they need to maintain their standard of living.

What is a silent divorce?

In a silent divorce, the couple is legally married, but they have lost the emotional bond they once had. Although they live together and appear to have a regular marriage, they live separate lives. The couple typically lives in the same house but has limited to no interaction.

Is it cheating if you are separated but still married?

The answer is regardless of whether the sexual encounter happened after separation or not, the parties are still married. Accordingly, from a legal perspective, if either were to engage with a new partner sexually, prior to the grant of the decree absolute, this is classed as adultery.

What happens if you sleep with your spouse during separation?

Under this law, there is no penalty for sleeping with your spouse during the separation, but it can impact your case if you sleep with them within 30 days of your divorce beginning. Nonetheless, the effect of sex during the separation is still subject to the discretion of the judge who will hear the divorce complaint.

How to avoid getting screwed in a divorce?

Ten Ways to Keep From Screwing Up Your Divorce
  1. Get professional help. ...
  2. Get your share. ...
  3. Insure your future. ...
  4. Terminate joint debt. ...
  5. Consider taxes on support. ...
  6. Transfer retirement assets. ...
  7. Rev up your retirement planning. ...
  8. Cut your ex out of your will.

What is remarriage protection?

One issue that often goes overlooked with the documents created by Jacksonville estate planning lawyers is remarriage protection. Remarriage protections are provisions in revocable and irrevocable trusts to ensure an estate plan can be carried out even if the surviving spouse remarries.

How do I protect myself financially from my spouse?

How Do I Protect Myself Financially From My Spouse During a...
  1. Create a Financial Plan for Your Divorce. ...
  2. Open Your Own Bank Account. ...
  3. Separate Your Debt. ...
  4. Monitor Your Credit Score. ...
  5. Take an Inventory of Your Assets. ...
  6. Review Your Retirement Accounts. ...
  7. Consider Mediation Before Litigation. ...
  8. Popular Family Law Articles.