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#1
09-14-2009, 06:48 PM
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Spousal Support after RemarriageWhat is the name of your state (only U.S. law)? California Is it possible to be awarded spousal support that will continue after remarriage? I was in a long term marriage - almost 20 years. My spouse was the breadwinner and I was primarily home with our three children. He is a high-earner. When I proceeded with the divorce, he stopped paying the mortgage on our million daollar home and pretty much everything else, caused my credit to suffer tremendously, and ruined our financial status. I saved the home from foreclosure by selling it - although it took 10 months. The divorce proceedings have drawn out to almost 2 years now because he is not participating. I believe that I will be given a large amount of support for a long term, but wanted to know if I can ask for it to continue for a specified period even if I do remarry, for example, to allow me enough time to go back and finish college, or save up enough money to own a home again.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? |
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#2
09-15-2009, 02:59 AM
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Will it continue after you're remarried? Generally not, no. And that's really the way it should be, y'know? Your ex shouldn't have to support both you and your new spouse.
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#3
09-15-2009, 08:43 AM
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Your husband is a "high earner" and worked hard to attain that status while YOU sat home for almost 20 years on your @zz? YOU file for divorce and then blame your husband for ruining your financial status? YOU blame your husband for drawing out the divorce because he is fighting to save his financial future from your unreasonable demands? YOU believe that you will be GIVEN a large amount of support for a long term after YOU throw away your marriage rather than expect to be required to EARN your way? YOU are asking your stbx husband to finance your "whims" (college or a new home) AFTER you divorce him? YOU expect to divorce your husband, marry a new piece of meat, and, have your ex-husband held responsible financially for your new marriage? This is all about YOU isn't it? Have I understood you correctly?? |
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#4
09-15-2009, 01:32 PM
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| Even if you just live together without getting married, it will negatively affect your spousal support. Now, your soon-to-be-ex could agree in writing to have the spousal support continue if you get married (probably in exchange for some concession on your part), but barring that, it is very unlikely that the court would impose that condition. ----- California Family Code § 4323 (a)(1)Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1. (2)Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision. (b)The income of a supporting spouse's subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support. (c)Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances. [url=http://codes.lp.findlaw.com/cacode/FAM/1/d9/3/2/s4323]CAL. FAM. CODE § 4323 : California Code - Section 4323[/url]
__________________ "Takin' the easy way" isn't an easy way. -- 2nd Chapter Of Acts |
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#5
09-16-2009, 02:03 AM
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| If you remarry you dont get money from your ex. You shouldnt get money in the first place, you should get off your butt and go get a job, why should he have to support you when he's not marrid to you? |
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#6
09-16-2009, 02:06 AM
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How do we report her? This has gone on long enough....
__________________ Hisbabygirl77 Love is not a feeling it's an act of your will Its ok I dont bite **************.wait thats a lie. A child of five could understand this. Quick, send someone to fetch a child of five! Groucho Marx |
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#7
09-16-2009, 02:20 AM
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OP - and anyone else reading the thread: my leftover salad has more legal knowledge than oreocheese. Please ignore her.
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#8
09-22-2009, 01:57 AM
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| I am really disappointed in the replies on this site. What are the credentials of you people giving advice? I posted my situation seeking information, not judgement. You know nothing about my personal life and frankly it is not really your business. My ex was a controlling alcoholic - most of the time I was not even allowed to work. He traveled extensively for his job and I was home alone with the house and the children and everything else. I now have full custody of the those children and need to make sure I can take care of them and myself. As a matter of fact, I believe that is the point of spousal support...to enable the spouse to get into a position to be self-supporting. If you don't have legal information to share, please do not post. Keep your opinions about someone you don't even know to yourself. Thank you. |
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#9
09-22-2009, 02:16 AM
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Your legal answer remains the same: Yes, you may get alimony. But it's highly unlikely to continue should you remarry (or even cohabit).
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#10
09-22-2009, 08:16 AM
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#11
09-22-2009, 02:43 PM
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__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#12
09-22-2009, 02:53 PM
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| why get re-married?? just live together and keep getting the alimony |
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#13
09-22-2009, 03:03 PM
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She needs a new programmable logic controller with current state of the art processor software along with new input/output devices that measure reality so that her new processor is able to make rational requests. |
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#14
09-22-2009, 03:07 PM
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#15
09-22-2009, 03:10 PM
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