Divorce is challenging time that signals an end to a chapter in both spouses’ lives. After divorce, both parties must learn how to handle his or her household, budget as a single adult, and in some cases, co-parent with the former spouse. Many people will move on and start new relationships after the divorce is final. Remarriage after divorce has the potential to impact several areas of your divorce case.
The most common way that remarriage after divorce will impact your divorce is in terms of alimony. If you are the spouse receiving alimony and you get remarried, your former spouse will likely be able to file to ask to modify or even eliminate your alimony. If you are the paying spouse and you get remarried, this is unlikely to impact your alimony award. This is true even if you are the sole provider for your new family. Keep in mind that remarriage of the receiving spouse does not mean the paying spouse can simply just stop paying alimony. Rather, the paying spouse will need to file a motion with the court asking that alimony be reduced or eliminated. The moving spouse needs to remember that the court will not retroactively modify payments made before the motion is filed, so it is important to file the request to modify alimony as soon as possible.
Another way remarriage after divorce can impact you is concerning child custody. While remarriage alone is unlikely to result in a change of custody, some aspects have the potential to do so. For example, if the new spouse is not an appropriate person to be around the children by virtue of substance abuse, criminal conduct, or abuse, then that could result in a judge changing the visitation and custody order.
Of note is that a new spouse will not result in a modification of child support. Even if your former spouse has been receiving child support, and he or she gets married to a wealthy individual, that will not change child support. The reason for this is that the new spouse is not obligated to support children that are not legally his or hers. That said, if either spouse has children with the new spouse, that could impact the child support calculation.
If you have questions about your divorce and how remarriage will impact you, we can help you. Contact us today to talk about your family and your case.
Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us at[email protected], or contact us through our confidential online form to schedule a consultation
Download our Free Resource Guide today!