After a divorce, the thought of remarriage may be distant and heartbreaking. However, research shows that 70% of individuals will remarry within 5 years after a divorce. If you are considering remarriage consult with your Orlando Divorce Attorney to discuss the ramifications it may have on your final judgment of divorce as well as gathering some advice on how to proceed into this new relationship.
When considering remarriage, consulting with your Orlando Divorce Attorney may seem counterproductive. However, they will be able to discuss the legal ramifications of a new marriage on your existing divorce decree. The first issue would be, the award of spousal support. Florida statute provides, that alimony will terminate upon death, or remarriage of the payee spouse. Therefore, even if you were awarded permanent alimony, these payments will cease upon the date of your new marriage. It is important to financially prepare to this decrease in income.
Further, many have questions regarding their child support and child custody arrangement, and if their new marriage will have any effect on these orders. When you remarry, child support will not terminate and will not be recalculated based upon your new spouse’s income. The court only looks to the parents of the child and their incomes to determine the child support amount and award. Therefore, modifications to any child support award will only be made if you or your spouse has had a significant change in circumstances personally. The court will not hold third parties responsible for the financial support of your child. Further, it is unlikely a child custody arrangement will become a question. Unless your new spouse has a significant criminal history involving domestic violence or substance abuse, that would prevent you from providing a safe and stable environment for your children; it is likely the parenting plan will remain unchanged. However, if your former partner does have concerns about your new partner and the safety of their children, they can bring a modification action. It is important to be prepared for such action and discuss the history of your new spouse with your Orlando Divorce Attorney.
Finally, your Orlando Divorce Attorney may recommend you engage in a Prenuptial Agreement with your new spouse. A Prenuptial Agreement not only allows you to discuss your finances and provide a complete an accurate disclosure of your and your new spouse’s financial status but also allows you to plan for any minor children brought in from other relationships. In your first marriage, it might not have been necessary to enter into a prenuptial agreement, however, now you may be in a different and even elevated financial status. A prenup causes each individual to provide an accurate and full representation of their financial assets and liabilities; including child support, stocks, properties, retirement accounts, and income. During this time, it may open the conversation between you and your new spouse, to include financial planning for your future including investments, estate planning, and tax strategies. Finally, you will want to address if there are minor children from previous relationships, setting aside certain assets for their financial protection.
Discussing a new marriage with your Orlando Divorce Attorney may seem strange, however, we are here to ensure you are protected throughout your divorce, and future. We encourage you to reach out to your attorney and discuss the legal effects a new marriage will have on your existing divorce decree, and discuss the steps you may need to take to protect yourself and your children.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.