A lot of people who have divorced decide to eventually consider remarriage – sometimes even to the previous partner! But remarriage after divorce or legal separation can have various legal effects that you’ll want to educate yourself on if you’re considering marrying for a second or third, fourth, or fifth time.
Initial Considerations When Considering Remarriage
Alimony or Spousal Support – the recipient partner of spousal support usually loses their rights to the support when they decide to remarry.
Child Support and Custody – Remarriage can have an impact on court orders for child support, custody, and visitation. If the custodial parent gets remarried the child support may be reduced or even ended.
Inheritance Provisions – Remarriage can impact how property is distributed in a will or trust and can even affect the rights of children in regards to inheritance provisions.
Waiting Times for Remarriage
Some states have waiting periods for remarriage as well as deadlines for a spouse to be able to appeal a divorce. Sometimes one spouse is not able to get remarried until the ex-spouse’s time for appeal has run out. This can differ if the divorce was obtained through trial rather than through an out-of-court settlement.
Prenuptial Agreements for Remarriage
Prenuptial agreements can sometimes be helpful in remarriage, especially if the ex-partners are remarrying one another instead of different partners. During a legal separation or divorce, the couple’s property may have been re-characterized as separate rather than communal (marital) property. In this instance, a prenuptial agreement can help the couple determine how the property will be re-characterized upon remarriage.
In some instances a prenuptial agreement can actually override the state’s law regarding property and other issues so it’s important for the couple to clearly communicate any issues prior to their (re)marriage.
For advice on divorce and remarriage, you need the expert law firm of Korol and Velen, certified family law specialists. Schedule a consultation today.