how does second marriage of payor affect alimony payments

[caris]

What is the name of your state (only U.S. law)? California

I am a full time professional. If I had to marry my divorced boyfriend, does my income gets added to my boyfriend's income and his alimony is recalculated, hence his ex-wife gets a bigger alimony amount. Or does his alimony remain the same based on his sole income?

 

[Proserpina]

What is the name of your state (only U.S. law)? California

I am a full time professional. If I had to marry my divorced boyfriend, does my income gets added to my boyfriend's income and his alimony is recalculated, hence his ex-wife gets a bigger alimony amount. Or does his alimony remain the same based on his sole income?

I think I have some great news for you...

This is the actual code: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326

And this is a much simplified answer:

Spousal support and new mate income

If you are paying spousal support, with the enactment of Family Code 4323 (b) in 1993, the income of
a new spouse or non-marital partner cannot be taken into account in calculating spousal support.
There is no comparable extreme hardship exception as in the case of child support. The Court of
Appeal has strictly construed this provision so that new mate income cannot be taken into account
directly or indirectly by virtue of the fact that it may increase the payors disposable income because
the new mate pays the payors living expenses. (3) Even if the new spouse causes an increase in the
payor’s living expenses, that cannot be taken into account.

(Emphasis mine)

 

[OHRoadwarrior]

It only affect it by decreasing his disposable income and possibly shifting the burden of the relationship and forays onto your bank account more.

 

[Zigner]

It only affect it by decreasing his disposable income and possibly shifting the burden of the relationship and forays onto your bank account more.

This doesn't make sense. Did you mean "...shifting the burden of the relationship and forays onto his bank account..."?

If not, then can you explain how anything will (should) change wrt alimony?

 

[OHRoadwarrior]

I meant he does not have as much disposable income and must now rely on her income more for extras possibly.

 

[I'mTheFather]

I meant he does not have as much disposable income and must now rely on her income more for extras possibly.

He will have the same disposable income as he had before since he's already paying alimony. Their marriage won't change that.

 

[Proserpina]

He will have the same disposable income as he had before since he's already paying alimony. Their marriage won't change that.

I think what he's getting at is that OP - the new wife - will suffer immeasurably because her contribution to the family budget will have to be tweaked to fit in the alimony payments.

Or something.

Oh, I don't know. It didn't make sense to me either.

 

[Bali Hai]

What is the name of your state (only U.S. law)? California

I am a full time professional. If I had to marry my divorced boyfriend, does my income gets added to my boyfriend's income and his alimony is recalculated, hence his ex-wife gets a bigger alimony amount. Or does his alimony remain the same based on his sole income?

Once you are married all income is marital. If your then husband quit his job and the court would not modify his alimony obligation, would you mind if he used his portion of marital income to pay the alimony?

 

[tuffbrk]

I really like that language. All states should incorporate it.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I am a full time professional. If I had to marry my divorced boyfriend, does my income gets added to my boyfriend's income and his alimony is recalculated, hence his ex-wife gets a bigger alimony amount. Or does his alimony remain the same based on his sole income?

I am going to throw out one point that has not been addressed yet. I don't think that I have ever seen someone's alimony increased...except in very odd situations and this is not an odd situation. Alimony is based on lifestyle of the previous marriage...not on a completely different financial situation that happens to occur in the future.