Can my ex-wife claim my new wife's money?

Asked by: Elisha Konopelski  |  Last update: April 11, 2025
Score: 4.9/5 (10 votes)

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.

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

As a general rule, the new spouse is not directly liable for the other spouse's alimony. The alimony may be indirectly affected by the household income the new spouse brings to the union, but the new spouse is not responsible for paying the existing alimony obligation.

Can my ex 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.

Is my ex-wife entitled to my future earnings?

While future earnings will not be treated as a matrimonial asset to be shared as part of the capital settlement, they could still play a factor in relation to calculating spousal maintenance payments which are entirely separate from child maintenance.

Is a new wife responsible for a husband's alimony?

The Impact of Remarriage on Alimony in California

As per California Family Code Section 4337, spousal support is automatically terminated when the spouse receiving the support remarries. This provision removes the need for a court hearing or additional legal processes to end alimony, streamlining the transition.

Husband's Money Goes To Ex Wife

25 related questions found

Can my husband's ex-wife take 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.

Do you lose your alimony if you remarry?

California Family Code Section 4337 states that spousal support is automatically terminated when the spouse who receives the alimony is remarried. This provision exists to streamline the transition and removes the need for a court hearing or an additional legal process to end alimony.

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.

How can I protect my money from my ex wife?

10 ways to divorce-proof your assets and protect your wealth
  1. Consider a prenup (or a postnup): ...
  2. Document gifts and inheritances. ...
  3. Get your timing right if you do decide to leave. ...
  4. Don't knee-jerk liquidate. ...
  5. Review your estate plan. ...
  6. Avoid keeping everything in joint accounts. ...
  7. But don't hide assets.

What happens if wife earns more than husband divorce?

In addition, Shepis warns that a divorce for women who make more than their husbands can be especially painful, as the law dictates that she pay spousal support to him if her earnings are significantly greater.

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.

Can my ex wife go after my retirement?

To receive a share of a former spouse's retirement benefit and/or survivor benefits, your divorce decree must clearly state that you are entitled to receive them, but this alone is not enough for employer plans. You must also obtain something known as a qualified domestic relations order or QDRO.

Is my ex wife entitled to anything?

Marital assets and debts are shared 50/50 between a married couple in California unless they agree on a different arrangement.

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 ...

Can my ex-wife claim my pension years after divorce?

Original divorce agreement: If the divorce decree explicitly states that the pension is to be divided, the ex-spouse may still have a claim, even years later. State laws: Some states have statutes of limitations on claims against retirement assets, while others may allow claims to be made at any time.

Can you sue your spouse for taking money?

Generally, money earned during a marriage by either spouse is considered joint, marital property and so in the majority of circumstances, one spouse can't really “owe” the other spouse money that s/he took or used during the marriage.

Is my ex wife entitled to my money?

Remember, until they remarry and without a Consent Order, your ex-husband or wife may have a right to some of your future income, regardless of where this comes from. This is why putting a Financial Consent Order in place as soon as possible is vital in protecting your personal financial interests.

What assets cannot be touched in divorce?

Separate property generally cannot be touched in a divorce., but there may be times when separate property turns into marital property, making it available for distribution.

Can my ex wife take half my money?

In California, a wife is entitled to half of the marital assets and up to 40% of her spouse's income for child support, spousal support, and other terms of the divorce settlement. If you are going through a divorce, it is important to explore the entitlements a wife has and how the final settlements are determined.

Can my ex-wife collect on my Social Security if I remarry?

Even if your ex-spouse remarries, you are still eligible for a spousal or survivor benefit. Social Security will pay benefits to your ex- spouse, their current spouse and you, and no one's benefit will be reduced.

What percentage of my pension is my ex-wife entitled to?

DIVIDING YOUR PENSION

In its division of the assets, the court could decide to award an “in-kind” division of the pension – usually a 50:50 split of the community property share – assigning each party a percentage interest to be paid upon the member's retirement, termination, or death.

Which wife gets the Social Security?

If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.

What does palimony mean?

Palimony is a colloquial term used to refer to a court's award of financial support or assets to one party of a non-marital relationship following a break-up. The term is a portmanteau of the words pal (meaning friend) and alimony .

Can living with a boyfriend affect alimony?

Most states will reduce or terminate alimony if cohabitation significantly decreases the recipient's need for support.

Can you get more alimony after divorce is final?

In some cases, a spouse may not be awarded alimony during the initial divorce proceedings but may revisit the issue of alimony payments in the future if their financial situation changes. If a spouse finds themselves in a difficult financial situation after a divorce is completed, they may request alimony.