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Can You Remarry Your Ex-Spouse in Illinois?

Posted on in Divorce

wheaton family law attorneyOnce a divorce is finalized, former spouses are free to marry anyone they want. Although this typically means finding and marrying a new partner, sometimes ex-spouses will want to remarry each other. Research shows that only 6 percent of couples remarry each other after divorce – but of those who do, a surprising 72 percent stay together. 

This may seem shocking to some people, but there are actually good reasons people remarry each other. People change, grow, recognize their mistakes, and shift their priorities. If couples share children, they may realize that life apart is more difficult than life together. Or they may find that there is still love and respect that make a relationship worth salvaging and try to work for a shared future on behalf of the children. 

As with any marriage, if your plan is to remarry your former spouse, there are some things you should consider before making that decision. 

Pre-Marital Property

In Illinois, once a divorce is final, the separation of assets is complete. When two people get remarried, their assets are considered pre-marital assets – even if they remarry the same person to whom they were previously married and with whom they shared their now separate assets. 

This means that if you decide to remarry your ex-spouse, things do not go back to the way they were before the divorce. You may want to consider a prenuptial agreement, meaning the assets that are now yours will stay yours in the event of a second divorce. 

Alimony

As with all remarriages, periodic alimony payments will be terminated once a new marriage takes place. Under Illinois law, alimony, technically called “spousal maintenance,” stops automatically when the supported spouse remarries. The spouse paying alimony is still required to officially notify the receiving spouse that the payments will stop at least 30 days before the marriage. Technically, if the paying spouse is behind on alimony payments, this amount is still due to the receiving spouse and couples will have to work that out to ensure no court orders are broken. 

Consider Therapy

In addition to the legal and financial aspects of a divorce and remarriage, couples seeking to build their relationship together should carefully think about the disagreements that drove them toward divorce. Remarrying will not magically make a difficult situation easier – and, especially if there are children involved, going through a second divorce can be a nightmare. 

Couples should talk frequently and thoroughly about their shared past, their mistakes, and what they expect to be different with this marriage. A couples therapist can often be very helpful in this regard. Bolstering your relationship through a third-party mediator who can help each spouse see their blind spots and work through their weaknesses can make a tremendous difference in the success of a relationship. 

Contact a DuPage County Divorce Attorney

If you are considering remarrying an ex-spouse, having an experienced attorney on your side can help you avoid common mistakes. A Wheaton, Illinois divorce attorney can help you understand the laws regarding divorce and remarriage, and guide you in making decisions that will set you up for success. Contact Stogsdill Law today at 630-462-9500 for a confidential consultation and start your new marriage on the right foot. 

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm


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