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How does remarriage affect your divorce agreements?

On Behalf of | Feb 13, 2024 | Divorce

If you’re going to be saying “I do” again after a previous marriage has ended in divorce, you’re likely focused on looking ahead rather than backwards. However, the remarriage may require some modifications to the agreements that were part of your divorce decree.

Each situation is unique, of course. However, let’s look at just a few things you may need to consider.

Alimony payments

For those who are receiving alimony from their previous spouse, that typically ends if and when they remarry. Therefore, you should expect you ex-spouse to cease making payments. If you’re the one paying alimony, your remarriage should have no effect on it.

Child custody and your parenting plan

If you’re co-parenting with your previous spouse, your custody agreement shouldn’t change unless you’re relocating as you remarry. You may want to discuss the role in your child’s life of your spouse-to-be with both your ex-spouse and soon-to-be-spouse to set expectations. The same may be true if your new spouse has children who will be living with you all or part of the time.

Child support

Whether you’re paying child support for a child you share with your ex or you’re receiving support for that child, your remarriage (even if that marriage brings in stepchildren) won’t end that support obligation. However, it’s a good idea to determine whether any other changes that result from the new marriage will affect it.

Don’t forget the prenup

You may have heard the statistic that about two-thirds of second marriages don’t last. Even if you’re certain that this one is forever, it’s wise to use what you learned during your divorce to put a prenuptial agreement in place. 

This is especially important since you’re probably bringing more assets into this marriage than you did the first one. If you have children from your first marriage to think about, protecting your assets in case of divorce is crucial. (You’ll also want to update your estate plan, if you have one.)

As we noted, each situation is highly unique. By getting legal guidance as soon as possible, you can help ensure that you’ve made any modifications that may be necessary to your legal agreements with your former spouse.