Question:
If I move in or remarry, will my divorce decree change based on my new spouse’s income or assets?
Answer:
I do not practice law in your state and therefore cannot provide you with specific information or procedures. However, I can offer you some insight to your situation to be discussed with a family law processional whom practices in your jurisdiction.
As long as your state’s law resembles Pennsylvania law, a new spouse’s assets or income typically do not count as assets or incomes for purposes of support.
However, if you are filing joint taxes with your new spouse, the court may consider their income to determine your tax bracket as this will affect your net income for purposes of determining your support obligation.
In some circumstances, a new spouse’s income can be indirectly considered if the court considers the fact that you are sharing living expenses with another adult. The court may have the discretion to reduce your living expenses to reflect the fact that another individual is contributing to these expenses.
However, the reduction is typically based on the number of adult individuals contributing to the household as opposed to the actual incomes earned by the individuals. Your state will abide by state specific child support guidelines which dictate how a party’s income is computed and what other factors and/or deviations are considered.
I would recommend speaking with a family law professional in your jurisdiction about the consideration of this income in greater detail. There are also other deviations that can may be able to be argued to counter act the consideration of another individual’s’ income.
I am unable to provide you with anything more than tips on your situation, so please consult an attorney licensed to practice law in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jill Rosenthal, contact Cordell & Cordell.
