Legal Question in Family Law in California

after divorce if wife remarries does spousal support end at that time


Asked on 2/16/12, 2:03 pm

5 Answers from Attorneys

Peter Tuann Law Office of Peter Tuann

Yup, best thing for you to encourage your ex to start dating, get married soon, end spousal support immediately.

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Answered on 2/16/12, 2:10 pm
Gary R. White Burton & White

Yes, unless that papers state to the contrary.

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Answered on 2/16/12, 2:13 pm

Actually I'm pretty sure Mr. White is wrong that the papers even CAN state to the contrary. I'm 99% sure as a matter of law it must end upon remarriage. It can even end upon cohabitation in a proper case.

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Answered on 2/16/12, 2:16 pm
Brian McGinity McGinity Law Office

Yes, remarrying ends spousal support. I actually agree with Mr. Tuann. If you don't want to pay spousal support start setting your ex up with a lot of people and tell them how great a person they are. I've never seen a case where spousal support continued after the spouse receiving the support remarried.

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Answered on 2/16/12, 9:36 pm
Anthony Roach Law Office of Anthony A. Roach

All the above are wrong, to a varying degree. Unless the parties have "otherwise agreed" in writing, a court-ordered spousal support obligation terminates upon either party's death or the supported party's remarriage. (Fam. Code, � 4337.)

You can read that code section here: http://law.onecle.com/california/family/4337.html

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Answered on 2/19/12, 11:13 am


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