Legal Effects of Remarriage
What are Some Legal Effects of Remarriage?
A majority of persons who have been divorced end up remarrying after the divorce. Whether they remarry with the previous partner or with a new partner, remarriage after divorce or legal separation can have various legal effects. Depending on state laws, remarriage can have effects in the following areas:
- Alimony or Spousal Support: The recipient partner of spousal support will usually lose their rights to support when they remarry
- Child Support and Custody: Remarriage can affect court orders for child support, custody, and visitation. This is especially true if the custodial parent gets remarried, in which case the child support may be reduced or even ended
- Inheritance Provisions: Remarriage can change the way that property is distributed in a will or trust. Remarriage can even affect the rights of children in regards to inheritance provisions
Are There Waiting Times for Remarriage?
In some states, yes. Some states have waiting periods for remarriage, and/or deadlines for appealing a divorce. In some cases, one spouse can’t get remarried until the ex-partner’s time for appeal has run out. This may be different depending on whether the divorce was obtained through trial rather than through an out-of-court settlement.
Is a Prenuptial Agreement Appropriate for Remarriage?
Prenuptial agreements can sometimes be helpful in instances of remarriage. This is especially true if the ex-partners are remarrying one another instead of different partners. During the divorce or legal separation, the couple’s property may have been re-characterized as separate rather than communal (marital) property. A prenuptial agreement can help the couple determine how the property is to be re-characterized upon remarriage.
In some cases, a prenuptial agreement can actually override what the law states regarding property and other issues. Thus, it’s important for the couple to clearly communicate any issues prior to the (re)marriage.
Do I Need a Lawyer for Advice Regarding the Legal Effects of Remarriage?
Remarriage after a divorce or separation can sometimes be complicated. If you need assistance or legal advice with remarriage, you may wish to speak with a family lawyer right away. Your attorney can help advise you of the laws in your area, and can represent you in court during a lawsuit. The legal effects of remarriage can vary from state to state, but an experienced family law attorney can provide you with valuable guidance.
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Last Modified: 07-19-2012 01:57 PM PDT
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