Termination Or Modification Of Alimony In California
When a supported spouse gets remarried, alimony typically ends. However, if a supported spouse is simply living with someone else or has an increase in income, the paying spouse needs to file a motion to modify support and ask a court order to lower or end alimony payments.
If you’re paying alimony and your ex-spouse is living with someone else or has increased income, you should ask your ex-spouse to agree to lower or end alimony. You can sign a formal agreement and file it with your divorce court to modify or terminate alimony.
If your ex-spouse disagrees, you should file a motion to modify or terminate alimony with the court that granted your divorce. You’ll need to state how circumstances have changed and why that warrants a modification or termination of alimony.
For example, your spouse’s increase in income, your spouse’s lowered needs, or your spouse’s living with another person in a romantic relationship may all qualify as a “change in circumstances” that the court can use to lower or end your support payments.
Impact Of Cohabitation On Alimony
Under California law, there is a rebuttable presumption that alimony can be reduced, and possibly terminated when the supported spouse is cohabiting with someone else. The rebuttable presumption means that the court will presume that a reduction or termination of alimony is appropriate unless the supported spouse can prove a continuing need for alimony payments despite living with someone else.
As with remarriage, you and your spouse can agree in your divorce settlement agreement to continue spousal support if the supported spouse remarries. If you don’t have a written agreement, and the supported spouse will not agree to lower or end alimony, you can file a motion asking the court to modify support. The court won’t directly consider the income of the person with whom the supported spouse is living when deciding whether to lower or end alimony, only the supported spouse’s new financial circumstances.
Cohabitation is more than a roommate relationshipit usually requires a personal, romantic relationship. However, if the supported spouse is living in a roommate situation, the court may still find the need for support has decreased and may modify alimony.
If you have additional questions about spousal support and remarriage, consult with a California family law attorney.
Cohabitation After A Divorce May Ultimately Put An End To Alimony
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Obligees will do well to be careful with their actions if they decide to cohabitate with someone else after a divorce. In particular, obligees should consider keeping their funds separate from the other persons and not share in expenses or bills. Otherwise, a court may find that a supportive relationship exists and may either lower or even terminate alimony.
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Should I Hire A Lawyer For Help With Alimony Payments
Family law issues such as divorce and spousal support payments can sometimes be complicated to deal with. You may need to hire a qualified family lawyer if you need help with a spousal support statement. Your attorney can help you file the necessary papers for an official court order, and can also represent you in the event of a dispute or in case of non-payment.
Can My Ex Husband Stop Paying Alimony
If you moved in with your boyfriend, no matter how short lived, your ex-husbands alimony obligation is automatically over. No court order is needed for him to stop paying because your divorce decree specifically provides for this situation. You can enforce his court ordered obligation through a contempt action.
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Common Ways To Reduce Or End Alimony
Among the more successful arguments to reduce or eliminate alimony are:
- The paying spouse is suddenly and involuntarily unemployed
- An illness makes it harder for the paying spouse to work
- The recipient spouse is living with someone as a couple, not roommates
Except for the case of lump sum alimony described above, most alimony payments end when either the ex-spouse dies or the recipient spouse remarries.
Impact Of Remarriage On Alimony In California
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.
The supported spouse must notify the paying spouse of the remarriage, or the court will order the supported spouse to provide a refund for excess payments after the wedding date.
However, the receiving spouse’s remarriage will not terminate overdue support, vested lump-sum alimony payments, or transfers of property.
If your ex remarries and fails to inform you or claims you must cotninue paying alimony, you’ll have to go back to court and file a motion to terminate support. You can request a refund for excess payments at that time. A judge will decide based on the circumstances of your case and the language in your MSA, if any.
Divorcing couples can agree to waive Family Code Section 4337 so that remarriage will not affect alimony. If your MSA states explicitly that your spouse’s remarriage will not terminate spousal support, then you will still be on the hook for future support payments, even if your ex remarries. It’s important to consult with an experienced family law attorney before signing an agreement governing remarriage and alimony.
If the court later annuls the supported spouse’s remarriage , the court can decide whether alimony should begin again, based on what is fair to both spouses.
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Can I Still Receive Alimony If I Remarry
Generally speaking, if you remarry, your ex-spouse does not have to continue your payments, regardless of whether that is specified in your divorce order. As soon as your new marriage is finalized, your ex-spouse is no longer obligated to pay alimony, even if your new marriage is later annulled or voided. However, in circumstances where your alimony payments are rehabilitative, then your spouse must continue to pay alimony.
California Spousal Support Termination Lawyers
Before stopping alimony payments upon an ex-spouses apparent remarriage, consider connecting with a California family attorney. A lawyer may review any applicable divorce settlements and related court orders for remarriage provisions, and domestic relations firms might even help you lawfully gather evidence of remarriage or cohabitation.
Most ex-spouses do not volunteer information about their remarriage to an ex-spouse, especially if it means automatic spousal support termination. They might, however, agree to terminate support after hearing from an alimony attorney. You may even recover overpayments and additional damages if it appears your ex-spouse willfully hid his/her remarriage or avoided registering a legal marriage to obtain continued alimony. Consider discussing your spousal support termination rights with a local family lawyer today.
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Keeping Your Relationships Offline
It is without a doubt that we will be seeing more and more of these types of cases where social media is used or attempted to be used as proof of cohabitation. Attorneys are finding themselves cautioning their clients to be discreet with what they are posting on the internet. Even if they are not actually cohabiting with another, these types of postings on Facebook, Instagram, Twitter, etc. may lead to unwanted litigation down the road. And, as the New Jersey courts decide cases now and in the future regarding alimony and how to apply the new Alimony Reform Act of 2014, different interpretations of the new law are a given. What is certain is that you must provide solid proof to the court that your ex is really cohabiting with a new boyfriend or girlfriend in order to be successful in court.
When seeking a New Jersey divorce lawyer or family law attorney, it is crucial to find a lawyer that not only understands the difficulties you are facing, but has a masterful command of New Jersey State Family Law. Our attorneys at Weinberger Divorce & Family Law Group specialize in Divorce and Family Law. A growing number of our team are Certified Matrimonial Attorneys and are able to call themselves family law and divorce experts.
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The answer will depend on what is in your final decree of divorce. If there is a provision that says alimony ends when you move in with a man in a meretricious relationship , then your ex-husbands alimony obligation ended when you moved in with your boyfriend. It does not matter that this living situation did not last long. If you moved in with your boyfriend, no matter how short lived, your ex-husbands alimony obligation is automatically over. No court order is needed for him to stop paying because your divorce decree specifically provides for this situation.
However, if your settlement agreement/final order of divorce only says the alimony obligation ends on death or remarriage , then your ex-husband is still required to pay alimony, including the time that you lived with your boyfriend. You can enforce his court ordered obligation through a contempt action.
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Cohabitation Law In Florida & Alimony
Does alimony in Florida end upon cohabitation?
Florida has a cohabitation statute that was originally intended to terminate alimony if the person receiving payments starts to live with another person in a way that suggests they intend to live like a married couple. In practice the statute has become a method to modify alimony rather than terminate it. There is new legislation that may make the termination process easier. But the standard of prove to show there is cohabitation remains difficult.
Imagine your surprise if, having been ordered to pay your ex-spouse $5,000 per month in alimony, you discovered that he or she had moved in with a boyfriend or girlfriend. After some
time, your ex-spouse, his or her new partner, and about 50 of their friends and family decide to fly out to Las Vegas for a Weekend Wedding. Video from the weekend shows your ex-spouse and his or her partner staging an unofficial wedding, complete with an exchange of vows and rings, a wedding ceremony and even a reception. The only thing missing from the whole spectacle is a wedding license. You try to terminate your alimony order, but the court orders the alimony order to continue because there was no wedding license issued, there was no legal wedding. In other words, despite your ex-spouses new relationship and disposable income, you must continue paying him or her $5,000 per month. Under these circumstances, how would you feel?
The State Of Arizona And Alimony Payments
In most cases, if alimony or spousal support is addressed within a divorce, the state of Arizona will require the higher-earner spouse to pay spousal support to the other spouse if there is a direct and demonstrable financial need. Not every divorce will include spousal support. Some of the factors that determine whether or not alimony payments will be made following a divorce include:
- The duration of the marriage
- The age, health and physical capabilities of each spouse
- The standard of living enjoyed by each spouse during the marriage
- The recipient spouses ability to obtain employment
- The ability of the paying spouse to provide spousal support
- The financial resources and earning capacity of each spouse
- The needs of childrens future education and the ability of each spouse to provide for that education
- Any excessive spending, destruction, concealment or gambling or marital assets
- Damages resulting from a spouses criminal conviction
The state of Arizona does not have a specific formula that will calculate alimony or spousal maintenance between spouses in a divorce. The determination regarding alimony is strictly a discretionary one. In many cases, alimony payments will continue until the other spouse marries or dies. Therefore, each spouse should have proper legal representation during the divorce process in order to ensure that their legal and financial rights remain protected both during and after a divorce.
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What To Do When Court
If a judge has ordered alimony, it must be paid, and the payer can be held accountable for failing to pay.
If your spouse has been ordered to pay alimony but is refusing to do so, you can file a motion in court, and the spouse could be held in contempt. This can result in fines and penalties.
Your spouse could also be required to make up for missed alimony payments by paying retroactively what was due in the past but not paid.
After you file a motion notifying the court that your spouse has failed to pay alimony, the court will schedule a hearing during which a judge will speak to all parties to determine why one spouse is refusing to pay alimony and to decide upon the best course of action.
Legal Protections Regarding Alimony Payments
If you are considering filing for divorce, visiting with an experienced divorce attorney can help ensure that you receive proper counseling regarding all aspects of your divorce. If you suspect that there is a possibility that you may have to make alimony payments to your ex-spouse, you can include a provision in your divorce decree that alimony payments will stop if they make the decision to cohabitate with another person.
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How Remarrying Could Affect Your Alimony Payment
In Virginia, spousal support is automatically terminated if the payee spouse remarries. However, there are a few exceptions when alimony can continue. Here are details on how this all works:
- The automatic termination rule only applies to periodic or monthly payments.
- Any required lump sum payment of alimony is not terminated upon remarriage or death.
- In limited circumstances, the judge can order that spousal support will continue after the recipient remarries if she has an unusual financial burden or need.
Can I Stop Alimony When My Ex Moves In With Someone
Posted by Tad Nelson |Family Law
Texas law is crystal clear that spousal maintenance obligations end when the dependent spouse remarries. However, in this day and age, many people just move in together and avoid another trip down the aisle.
Is cohabitation enough to end alimony? Actually, it is. Texas law also states that the obligation to pay spousal maintenance ends when the dependent spouse moves in with a romantic partner in a permanent place of abode on a continuing basis. In short, when they start living together as a couple.
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Do You Need To Talk To A Lawyer About Spousal Support
While you can call us to ask, If I get remarried, do I still have to pay alimony? and well be happy to hear from you, please know that the answer is yes. You still have to pay alimony if you get remarried. Otherwise, you can talk to us about changing your spousal support order, or get legal advice on whether youll have to pay alimony as part of your divorce just call us at 989-4425 or get in touch with us online to schedule your consultation. Well help you with every aspect of your divorce, from child custody and child support to property division.
Do I Have To Keep Paying Alimony To My Ex If I Remarry
Yes. The spouse that is paying alimony must continue to make those alimony payments if they remarry or begin living with another person. Because, as the payer of the alimony, your remarriage has no impact on your ex-spouses financial situation or their ability to support themselves, the alimony payments must continue according to the original order. If, however, you are unable to meet the financial obligations of alimony, the court will consider making an adjustment.
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How Long Does Permanent Alimony Last
The term permanent alimony is somewhat of a misnomer. Very few, if any, support awards will continue permanently. Generally, for short-term marriages , permanent alimony lasts no longer than half the length of the marriage, with marriage defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.
If your marriage was very short, permanent support may never become necessary. For example, if your marriage lasted only one year, you can expect to pay or receive alimony for six months but this obligation may be met through temporary support payments. For marriages over ten years, theres no hard-and-fast rule for figuring out how long alimony should last. Judges will consider various factors in order to place the supported spouse in a position as close as possible to the marital standard of living, until that spouse can reasonably become self-supporting.After the divorce is final, alimony will continue as stated in your marital settlement agreement and/or court order awarding alimony, unless one spouse requests a modification or termination of support.
What Are The Different Types Of Spousal Support/alimony
Spousal support are the financial payments one spouse makes to the other during and following a divorce in Iowa. There are a number of different types of spousal support a court can award depending on circumstances. The three categories are as follows:
- Periodic/traditional: paid until the death of the payor, the receiver passes or the receiver remarries
- Reimbursement: repayment to a spouse who helped with the partnerâs educational or work training expenses and
- Rehabilitative: paid until the spouse receiving payments is self-sufficient .
In Iowa, modification of spousal support requires a showing that there has been a substantial change in circumstances. In some circumstances, this is easy. For example, if the spouse passes, the alimony payments will be terminated. However, most other situations are far trickier. Simply entering into new relationships do not immediately justify modification or termination of spousal support. Other factors are necessary and need to be established in court to modify or terminate spousal support.
About the author
Kevin OâFlaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.
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