In California, remarriage after divorce is legally allowed once the divorce is final. However, there are some important considerations regarding the legal and financial aspects that you should be aware of when remarrying after a divorce in California:
1. When Can You Remarry After Divorce in California?
- You can remarry once your divorce is final. In California, there is a mandatory six-month waiting period from the date the divorce petition is filed until the divorce is officially finalized and a judgment is issued. This means that, while you can apply for a divorce at any time, you cannot legally marry another person until at least six months after the petition for divorce is filed.
- After the six-month waiting period, and once the final judgment of divorce is issued, you are legally free to remarry.
2. Effect on Spousal Support (Alimony)
- Remarriage of the Supported Spouse: In California, spousal support (alimony) can be terminated or modified if the supported spouse remarries. This is because the purpose of alimony is to provide financial support to the lower-earning spouse while they transition to financial independence. If the supported spouse remarries, it is assumed they may have financial support from their new spouse.
- Termination of Support: If a spouse receiving spousal support remarries, the paying spouse can request that the spousal support payments be terminated. However, the paying spouse must file a petition with the court to request a modification or termination of support based on the remarriage.
- Modification of Support: Even if the remarried spouse does not immediately stop receiving alimony, a change in circumstances like remarriage can lead to a request to modify the amount or duration of support.
- Remarriage of the Paying Spouse: The remarriage of the paying spouse generally does not automatically impact the alimony arrangement, but the court can still review and potentially modify spousal support if there is a substantial change in circumstances, such as the new spouse’s income or a change in the paying spouse’s financial situation.
3. Impact on Child Support
- The remarriage of either spouse typically does not directly affect existing child support orders. However, a remarriage might indirectly affect the paying spouse’s ability to pay child support if the new spouse has a significant income that can improve the paying spouse’s financial situation, or if the remarriage results in additional children that the paying spouse must support.
- Modification Requests: If a remarriage results in significant changes in a spouse’s financial situation, the court may reconsider the amount of child support, but the remarriage itself is not a standalone reason for altering child support.
4. Property and Asset Division
- Final Property Division: Once the divorce is finalized, the property and assets have been divided. Remarrying does not change the final division of assets or property unless there was an agreement (such as a prenuptial or postnuptial agreement) that alters the distribution.
- New Spouse’s Assets: In the case of remarriage, the new spouse’s assets are generally not considered part of the previous marriage’s division unless there is a legal agreement between the new couple. This means any assets or debts acquired after remarriage are separate from the previous marriage’s community property.
5. Prenuptial and Postnuptial Agreements
- If you plan to remarry after a divorce, you and your new spouse may choose to enter into a prenuptial agreement or a postnuptial agreement. These agreements can define how assets, debts, and spousal support will be handled in the event of a future divorce. Prenuptial agreements are especially common when one or both parties have significant assets or children from previous marriages.
- These agreements are enforceable in California if they are fair, voluntary, and meet all the legal requirements.
6. Effects on Health Insurance and Benefits
- If you are receiving health insurance or other benefits through your former spouse’s employer or insurance plan, getting remarried may affect your eligibility for those benefits. Typically, remarriage can cause you to lose coverage under your ex-spouse’s plan, so it’s important to check the rules with your insurance provider.
7. Impact on Estate Planning
- After a divorce, your former spouse may still be named in your will or as a beneficiary on your life insurance policy, retirement accounts, or other assets. If you remarry, you may want to update these documents to reflect your new spouse as a beneficiary, as well as update any legal documents such as your will, powers of attorney, and trust.
8. Changes in Last Names
- If you changed your name during your marriage and wish to change it back after the divorce, you can do so as part of the divorce process. After remarriage, you may choose to take your new spouse’s last name or keep your previous last name. You will need to go through the proper legal procedures to update your name with government agencies, banks, and other entities.
Conclusion
In California, you can remarry as soon as your divorce is finalized (typically after a six-month waiting period). Remarrying can affect issues like spousal support, but does not automatically affect property division or child support unless there are changes in financial circumstances. If you’re considering remarriage, it’s a good idea to revisit financial arrangements, such as spousal support, and update any relevant legal documents, including your will and health insurance coverage. If you have questions about how remarriage might impact your specific situation, it’s advisable to consult with a family law attorney.
