Getting Remarried? Make Sure to Consider These Important Issues

 Posted on March 03, 2021 in Family Law

The silver lining in any divorce is the hope for a better future. Many divorced individuals eventually meet someone new and get remarried. If you have previously been married, and you are now planning to marry for a second or subsequent time, you are probably busy planning the wedding and building a life with your new partner. However, it is essential that you take the time to consider how your remarriage can impact the terms of your previous divorce. It is also important to start thinking about the unique issues that may be present in a second or third marriage.

Spousal Maintenance Typically Terminates Upon the Recipient’s Remarriage

Per Illinois law, spousal maintenance or alimony terminates if the recipient gets remarried. In addition, spousal maintenance usually terminates once the recipient begins cohabitating with a new partner. If you plan to remarry, you must inform your ex. If you do not tell your ex, and he or she pays you maintenance after you are remarried, you may be forced to reimburse him or her for any maintenance you received after the date of your marriage.

Child Support Can Be Influenced by Remarriage

Child support may or may not be influenced by the remarriage of either parent. Step-parents do not have a legal obligation to financially support their step-children the way that biological parents do. However, the court considers each parent’s financial circumstances when determining a fair child support payment amount. If a parent gets remarried, and this significantly increases the amount of disposable income the parent has, this may influence the amount of support he or she pays or receives.

Prenuptial Agreements Are Very Useful in Second or Third Marriages

A prenuptial agreement can provide important legal protections in a second or subsequent marriage. It is important to remember that just as getting car insurance does not mean you plan to get into a car crash, getting a prenuptial agreement does not mean that you plan to divorce. Nevertheless, spouses are statistically more likely to divorce if they have previously been divorced, and it is important to prepare for this possibility. Even if you do not get divorced, your prenuptial agreement can provide important estate planning protections in the event that a spouse passes away.

Contact a DuPage County Family Law Attorney

Remarriage can have a major impact on your life personally and financially. For help with matters related to spousal maintenance, child support, prenuptial agreements, and much more, turn to the reliable Wheaton divorce lawyers at The Stogsdill Law Firm, P.C. Call us at 630-462-9500 for a personalized consultation.

Source:

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