Do you lose spousal support if you remarry?
Asked by: Wellington Ortiz | Last update: June 3, 2025Score: 4.7/5 (34 votes)
In both New York and New Jersey, a former spouse who is receiving alimony will generally have no right to receive further alimony after remarrying.
How does remarriage affect spousal support?
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.
What happens to my spousal benefits if I remarry?
If you're receiving spousal benefits based on your former spouse's work record, those benefits will generally end upon your getting remarried, but you may be able to receive benefits based on your new spouse's work record, or on your own.
Does getting married affect spousal support?
If you have been ordered to pay spousal support a new marriage by you will not change that. If your ex-spouse that you are paying support to remarries, spousal support automatically ends under state law.
What are the rules for spousal support in California?
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
What Happens to My Alimony If I Get Remarried
What disqualifies you from spousal support in California?
However, if the spouse who is to receive support has been convicted of domestic violence, is able to financially support themselves, the division of marital property provides enough support, or the spouse making more money has too many other financial obligations, then they may be disqualified.
Is California alimony for life?
CONCLUSION. There is no “Ten Year Rule” in California requiring spousal support to last indefinitely for marriages of more than ten years. However, ten years is an important milestone that could affect the court's ability to revisit the issue of spousal support later.
What voids alimony in California?
- You agree in writing about the date it will end and the court signs off on the agreement.
- The court orders that it ends.
- The supported spouse remarries.
- Either spouse dies.
Can my ex-wife go after my new spouse'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 is a wife entitled to after 10 years of marriage?
The Benefits of Being Married Ten Years
In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.
Can 2 ex wives collect husband's Social Security?
If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
What benefits will I lose if I get married?
If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.
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.
Do you lose spousal benefits if you remarry?
The rules governing surviving divorced spouse benefits are essentially the same as those that govern widow benefits. Specifically, under current law, surviving divorced spouses lose eligibility if remarriage occurs before age 60.
Why spousal support after divorce?
Alimony provides continuing income to a spouse who has little or no pay. The purpose of alimony is to limit any unfair economic effects of a divorce. One reason for spousal maintenance is that an ex-spouse may have chosen to give up a career to raise the family and care for the home.
Who remarries faster after divorce?
Most men and women marry within 5 years of divorce. Generally, a higher percentage of men remarry within 5 years than women. The percentage who remarry within 5 years after divorce declined since 1950. remarried after 5 years, the proportion who may eventually remarry is unknown.
Can I get more alimony if my ex-husband remarries?
In California, the obligation to pay future alimony automatically ends when the supported spouse gets remarried. Under state law, the paying spouse does not need to file a motion to terminate support, and no court action is required. (Cal. Fam.
Can a married woman collect her ex husband's Social Security?
you're eligible for some of your ex's Social Security
That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
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 does spousal support last in California?
In California, spousal support typically lasts half the length of the marriage. If the couple was married for six years, for example, a judge would make a spousal support obligation last for three years.
What is the 5 year rule for divorce in California?
The “5-year rule” in California refers to summary dissolution, which is a simplified process for ending a marriage or domestic partnership without a formal court hearing. Its hope is to be a fast and less expensive option for couples who meet the specific criteria.
Does cheating affect alimony in California?
While California is a no-fault state, infidelity may have some influence on spousal support, also known as alimony. This doesn't mean the person who was unfaithful will necessarily pay more. It depends on whether the unfaithful spouse used shared assets to support their extramarital relationship.
What stops alimony in California?
Once your spouse begins living with someone else, it could negate the alimony payments that you could potentially pay or are already paying. Once they begin cohabitating, their cost-of-living changes because there is a reasonable argument that they are splitting costs with one another.
Does a husband have to support his wife during separation?
A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.
How long do most people get alimony for?
The court will determine how long you or the other party will receive alimony. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.