Although you and your partner may have made custody and alimony arrangements after your separation, it's important to understand that remarriage can have an impact on how your relationship functions. Here's what you need to know.
When you and your partner divorced, you may have believed that you would never date again. After all, divorce can be an incredibly intense and difficult experience. It's natural to feel that you'll never be able to move forward; however, many individuals do find love again. If you've found someone special and you're interested in marriage, make sure you understand exactly how remarriage can affect your custody arrangements, as well as alimony and child support. Similarly, if your former partner chooses to remarry, your agreed-upon arrangements could change. Here's what you need to know.
In most cases, alimony payments will cease when one party remarries. This is because spousal support payments are designed to help one spouse get back on their feet financially after a divorce. When one person remarries, they will have a combined income with their new partner and will no longer be dependent upon their alimony funds. Note that this varies from state-to-state, which means that it's important to meet with your lawyer anytime remarriage is in the imminent future. If you pay alimony, for example, don't automatically assume that those payments will terminate as soon as your former partner gets married. Always make sure to check your alimony agreement and consult with your attorney to ensure you understand what your legal obligations are.
Receiving Child Support
Keep in mind that when one person remarries, child support payments are usually not affected immediately. In some cases, they may not be affected at all. The non-custodial parent still needs to pay child support payments promptly and on time; however, they will have the option to contest their payments and to request that a judge review the situation. If you are the person who remarries, for example, the non-custodial parent may argue that your new spouse is able to fully support your family, including your child. A judge may agree and decide to reduce the amount of monthly child support your former spouse owes; however, in some cases, the payments will remain the same.
Giving Child Support
If you remarry and have children with your new partner, and you are the person who pays child support, you will generally still be required to pay child support. If you believe that you will struggle to make these payments or will no longer be able to pay the agreed-upon amount, you need to talk with your lawyer as soon as possible. Your lawyer can advise you how to move forward and whether you will be eligible to apply to have the payment amount modified based on your financial status.
When you're ready to remarry, make sure you prepare all of the necessary documents ahead of time. In order to apply for a new marriage license, you'll need to provide proof of your divorce. This is so the courts can verify that you are no longer married to anyone else. If you have questions about remarriage after divorce, it's important to speak with an experienced Queens divorce attorney who can assist you throughout the process. Reach out as soon as you decide to remarry so you can prepare as well as possible. Contact us for your consultation today.