Question: Does having a new partner affect divorce settlement?

While this wont affect your financial settlement in any way it could have other repercussions. For example its unlikely that your new partner will welcome the fact that he or she could be named in court documents. In addition, including adultery as the ground for divorce rarely if ever makes a divorce more amicable.

How does living with a new partner affect financial settlement?

If you start living with a new partner before the financial settlement is agreed or have an intention to do so after the divorce - and have not disclosed the relationship or intention while negotiations are ongoing - your settlement can be changed when it is later discovered.

Can my ex claim money from my new partner?

Since it is your house, your new partners ex cannot make any claim against your property. If your partner has children from his marriage and they are predominantly going to live with his ex-wife then she may say their housing needs should be added to her own housing needs so she should have more of the equity.

Do I have to disclose my new partners assets?

Many people will hold strong opinions on disclosing their new partners financial position, and the partner themselves may refuse, but there is a duty to disclose any plans to cohabit or remarry, and to provide full and frank disclosure.

Can my ex wife go after my new spouses income?

In California, all parents must care for their children financially, whether theyre married or divorced. In certain situations, however, the new spouses income may become part of community property shared with your ex-spouse and be considered in the child support calculation.

How is spousal support determined?

There is no exact formula used to calculate spousal maintenance. The court will make its decision based on the income and assets of the parties and reasonable expenses. Your lawyer can help you with the information you need to provide, such as income information and a proposed budget, to support your case in court.

Does remarriage affect spousal support?

Yes. The obligation to pay future alimony ends when the supported spouse remarries. The paying spouse doesnt have to return to court—payments may simply stop as of the date of the marriage. The payor is entitled to reimbursement for all maintenance paid from that date forward.

What income is considered for spousal support?

Income for spousal support includes all sources of money that a person receives, whether its through a paycheck, through stock dividends or through another source. Generally, everything that youd pay income tax on when its time to make a payment to the IRS counts as your income.

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