Many people who have been divorced end up getting remarried. Whether they remarry with their previous partner or a new partner, remarriage can present several legal issues.Depending on state laws, remarriage can affect the following:
- Alimony or Spousal Support: Spousal support will usually end when the partner receiving the support remarries.
- Child Support and Custody: Remarriage can affect court orders for child support, custody, and visitation. If the custodial parent gets remarried, the child support may be greatly reduced or even terminated.
- Inheritance Provisions: Remarriage can change the way that property is distributed in a will or trust. Remarriage may even affect the children’s ability to inherit.
Are There Waiting Times for Remarriage?
It depends. Some states have waiting periods for remarriage, and some have deadlines for appealing a divorce. In some cases, one spouse cannot remarry until the time to appeal the divorce 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 are often helpful in remarriages. This is particularly true if ex-partners are remarrying one another instead of different partners. For example, during the divorce or legal separation, property may have been re-characterized as "separate" rather than "communal," or "marital," property. A prenuptial agreement can help the couple determine how the property is to be re-characterized upon remarriage.
In fact, a prenuptial agreement can actually override what the law states regarding property and other issues. Thus, it is important for a couple to clearly communicate any issues prior to the remarriage, and a prenuptial agreement is an effective way to memorializes the wishes of each spouse.
Do I Need a Family Lawyer?
Remarriage after a divorce or separation can be complicated. If you are considering remarrying, you should speak with a family lawyer immediately. The legal effects of remarriage vary from state to state, and an experienced attorney can provide you with valuable guidance.