Hello,

My ex-husband currently pays alimony and child support. I plan to re-marry soon, but my new husband is not a US citezen yet, and we will have to wait until his Visa is approved before he will be able to move here with me. I am worried that once we are married the spousal support will stop before my new husband is able to come here and seek employment. I have read that spousal is terminated upon re-marriage, but what if there is no income from the new spouse yet?

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Originally Posted by Looking4help77

... I have read that spousal is terminated upon re-marriage, but what if there is no income from the new spouse yet?

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First, read what your divorce decree says about it. The decree should say when alimony ends.

However if it doesn't, this statute in the California Family Code suggests that what you read is correct:

Quote:

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4337. Except as otherwise agreed by the parties in writing, the
Obligation of a party under an order for the support of the other
Party terminates upon the death of either party or the remarriage of
The other party.

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Your options would be to postpone marriage until your fiancé gets to here and finds a job, or seek modification of the divorce decree.

Wait, you want your ex to continue to support you simply because your new husband doesn't have a job here yet?

Please wait while I finish laughing.

Sorry honey--you either get spousal support or you get a new husband. You don't get to have your cake and eat it too. You either wait until your fiancé has a job here to marry him and keep the spousal support until then, or you learn to do without for a while and marry your fianceand maybe get another job yourself until he can get all of his paperwork in order.

Don't marry him until he can sufficiently support you. Child support, I think continues but your spousal support is terminated once you re-marry.