What isthe law regarding the cessation of alimony when there is remarriage?

I was notified by my ex-spouse that she is getting re-married but she will not tell me when. Our son told me the wedding date, as well as that his future step-dad is living with them, and that his mom is pregnant. Is my ex required to tell me when she is getting married or is it up to me to find out? If she continues to collect alimony after the wedding date will she be required to give it back? The length of alimony is 5 years. Also, do I have to notify her prior to stopping alimony or does it just stop after remarriage? I am in the military.

Asked on July 13, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is my understanding that in California your obligation to pay spousal support ends upon the remarriage of your spouse, regardless of the length of the alimony previously awarded.  More importantly your obligation could be reduced or eliminated NOW based upon the fact that she is is cohabitating with her fiance. Is it possible to have your attorney write a letter for you?  I would also see if the military attorneys can help.  If not write to her and let her know that it is your understanding that under California law you are entitled to a reduction or elimination of the award of alimony due to her cohabitation and that upon remarriage all alimony payments are to cease.  If she over collects you may have to sue her to get it back.  Good luck.


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