What is the Financial Impact of Remarriage on a Divorce Agreement? 

 Posted on September 24, 2021 in Family Law

Although most spouses could comfortably walk away from their partner after a divorce and never speak to them again, reality does not work that way. Even after a couple gets divorced, several things can keep them connected long into the future. This is especially true if children are involved. Child support, spousal maintenance, and arranging shared parenting schedules often compel former spouses to work together for many years after the marriage has ended.

This means that the decisions of each partner often affect the other, and few decisions have as much of an impact as the remarriage of a former spouse. Former spouses who wish to get remarried often wonder how their finances will change, and whether they will need to support two families and two spouses. This article will discuss the two most common issues a remarriage can impact - child support and spousal maintenance.

How Does Remarriage Affect Child Support Payments?

Child support orders are seldom terminated in the event of a remarriage. However, the remarriage of a paying spouse can affect his or her overall financial situation and be grounds for a modification in the amount of monthly child support payments.

For example, if the paying spouse gets remarried to someone who also has children who are financially dependent on them, their current child support payments may become untenable. Judges take a parent’s overall financial situation into account when deciding on child support payments. A new marriage could create enough of an additional financial burden to constitute a substantial change in circumstances.

How Does Remarriage Affect Spousal Maintenance?

For the spouse receiving spousal maintenance payments, the situation is very straightforward: Their remarriage terminates the paying spouse’s obligation right away. This is also generally true if the receiving spouse begins cohabitating with a romantic partner. If the receiving spouse continues to collect payments without informing the paying spouse of remarriage or cohabitation, they can be ordered to reimburse the paying spouse.

For the paying spouse, remarriage does not affect spousal maintenance payments. A substantial change in circumstances is necessary to successfully request a modification in payments.

Work with an Arlington Heights, IL Divorce Attorney

Understanding how remarriage can impact you and your financial obligations can be complex. At A. Traub & Associates, we make it easy to understand and deal with changes to your divorce agreement following the remarriage of you or your former spouse. Speak with one of our experienced Cook County divorce attorneys by scheduling an initial consultation today. Call us at 847-749-4182.

Source:

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