How Spousal Support Can Be Affected by Remarriage

Spousal support, also known as alimony, can be one of the most contentious parts of a divorce. In California, support orders are designed to help a lower-earning spouse maintain a standard of living close to what they had during the marriage. But what happens when the receiving spouse gets remarried? That question isn’t just common—it’s critical. The law provides clear direction, but many people don’t fully understand the effect remarriage can have on ongoing payments.

Understanding How Spousal Support Works in California

Before digging into remarriage, it helps to understand how spousal support works in general. California courts may order temporary support while the divorce is pending and permanent or long-term support after it is finalized. Permanent doesn’t necessarily mean forever, but rather ongoing support after the marriage ends.

Several factors go into calculating support, including the length of the marriage, each person’s income and earning capacity, their health, age, and whether one spouse gave up career opportunities for the marriage. Unlike child support, which follows a strict formula, spousal support is more discretionary.

Orders can be negotiated between spouses or determined by the court. Either way, they are legally binding until modified or terminated by a new court order or by law.

The Legal Effect of Remarriage by the Supported Spouse

In California, if the spouse receiving support gets remarried, the paying spouse’s obligation to continue spousal support usually ends automatically. This rule is outlined in California Family Code section 4337, which states that “except as otherwise agreed by the parties in writing, the obligation of a party to pay spousal support terminates upon the remarriage of the other party.”

In simple terms, if you’re paying alimony and your ex remarries, you are generally no longer required to keep making those payments. However, there are two key exceptions to keep in mind.

Exceptions to Automatic Termination

First, if the divorce judgment or marital settlement agreement specifically states that support will continue even after remarriage, then the paying spouse must follow that agreement. Some agreements may include this language intentionally—for example, when the supported spouse has long-term needs due to illness or disability.

Second, remarriage only terminates spousal support when the supported spouse is the one remarrying. If the paying spouse remarries, that has no effect on their obligation. Even if they now have new financial responsibilities, such as supporting a new spouse or stepchildren, they are still bound by the original order unless they formally request a modification and the court agrees.

What About New Domestic Partnerships?

In recent years, California law has evolved to treat registered domestic partnerships similarly to marriage. If the supported spouse enters into a registered domestic partnership, courts may treat it the same way as remarriage for purposes of terminating spousal support. However, because the law uses the word “remarriage,” some legal gray areas may remain.

If you suspect your former spouse has entered a new domestic partnership, it’s worth discussing the situation with a lawyer. In some cases, the court may consider the new relationship as grounds to reduce or terminate support, especially if the partner contributes financially.

Cohabitation Can Also Impact Support

Even without a formal remarriage or partnership, spousal support can still be affected if the supported spouse begins living with someone else. Under California Family Code section 4323, there is a legal presumption that the need for support may be reduced if the supported spouse is cohabiting with a romantic partner.

This doesn’t automatically end support like remarriage does, but it opens the door to a potential modification. If you believe your ex is living with someone and no longer needs the same level of support, you can petition the court to reduce or terminate payments. The burden will be on you to show that cohabitation is affecting their financial needs.

How to Respond if Your Ex Remarries

If your former spouse remarries, and you’re currently paying spousal support, take the following steps:

1. Confirm the Remarriage
   You’ll need evidence. A marriage certificate or similar proof is best. Don’t stop making payments based on rumor or assumption.

2. Check Your Divorce Judgment
   Look for language about support continuing despite remarriage. If there’s no such language, support should terminate automatically.

3. File a Notice or Motion
   While the obligation may end automatically, it’s still wise to file a formal notice with the court or request a termination order. This can prevent future disputes or collection issues.

4. Don’t Delay
   Payments made after remarriage may not be refundable. If you learn your ex has remarried months later and you kept paying, you may not get that money back. Acting quickly protects your rights.
   

Modifying Support Based on Changed Circumstances

Even if remarriage hasn’t occurred, cohabitation or other life changes might still be enough to justify a reduction in spousal support. California law allows modifications when there has been a “material change in circumstances.” This can include job changes, retirement, health issues, or shifts in financial need.

If you’re struggling to make payments or believe your former spouse no longer needs as much support, speak with a family law attorney. Never just stop paying. That can lead to serious consequences like wage garnishment or contempt of court.

Why Legal Advice Matters

Every case is different. Remarriage may seem straightforward, but divorce judgments and agreements can include unique terms. Some include waivers, extensions, or conditions that can override general rules. Others might require a court hearing to clarify whether support should stop.

If you’re not sure what your responsibilities are, or if you believe your situation qualifies for a change, legal advice can help you move forward confidently.

Conclusion

Spousal support in California usually ends when the supported spouse remarries, unless a written agreement says otherwise. But cohabitation or entering a domestic partnership may also open the door to changes. Acting quickly, reviewing your court order, and seeking professional advice are the best ways to protect your rights and avoid unnecessary payments.

Understanding the law gives you control over your financial future—and helps ensure that support obligations are fair, not indefinite.