02 Sep New Partners While Getting Divorced
We are up to the letter N in our Divorce from A to Z series. N is for new partners during and after the divorce. Because divorce in California takes a minimum of 6 months, there is the possibility that you will meet someone new during the time that your divorce is still pending. Understanding how a new partner can affect your child custody, child support, and spousal support situations is important.
First, keep in mind that whatever decisions you make regarding your living situation directly affect your children. So, while you may be excited about possibly moving in with a new partner or having a new partner spend the night, your children may not understand at all.
Second, if you are living in a house that is still currently owned by both you and your not quite ex-spouse, moving new partners in is likely not advisable. In order to keep the divorce process moving smoothly, some cooperation is needed and moving someone else in will probably end up causing more problems and prolonging the divorce.
What about your new partner’s income? Can that be included when calculating child support? The answer to that is most often no. There is one exception where excluding the income would result in extreme hardship to any child subject to the child support award.
For spousal support, new partner income for the spouse paying spousal support cannot be taken into account when calculating the amount awarded. However, if you are receiving spousal support and have a new partner, then the new partner’s income can be taken into account. Keep in mind that most spousal support awards terminate upon remarriage. Living with someone also shows a decreased need for spousal support where you will have to prove that the situation has not affected your need for support.
If you have questions about your current situation while in the divorce process, our low-cost legal advice by phone call is a great option to understand what you can and cannot do.
LEGAL ADVERTISEMENT. This is just a basic overview and is not legal advice specific to your situation. You should consult qualified legal counsel with questions regarding your situation.