Legal Question in Family Law in California
My ex-wife recently got remarried and is telling me that I still have to pay her alimony because they're marriage is just a spiritual one. She also is moving across the country to live with this man. Do you think a judge might see that I should no longer have to pay her alimony? I even supplied the court with a letter from her telling our kids about her new husband and how he comes first in her life.
2 Answers from Attorneys
Spousal support orders normally terminate when the spouse remarries. 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, sect. 4337.)
The best evidence of her remarriage is her marriage certificate, although I would also introduce the letter. You are going to have to verify these points and file a motion to terminate spousal support.
Even if her marriage was just a "spiritual" one and was not a marriage recognized by law, once a party starts cohabitating with a person of the opposite sex, their need for support decreases. You can file an Order to Show Cause to terminate spousal support, or in the alternative, modify spousal support. Good Luck.
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