Your marriage officially ends when the court executes your divorce decree, but that does not necessarily mean it ends your divorce case. One party may be ordered to pay spousal support – otherwise known as alimony or maintenance. If you have children, you and your spouse contribute to the financial well-being of your children, and there could be lingering child custody issues that need to be worked out. One of the consequences of remarriage is the change in financial circumstances. One party might ask the court to modify the amount or duration of support payments.
A common situation occurs when one of the parties remarries or begins cohabitating with a new partner. When that happens, a number of questions arise regarding how this change impacts the payment of child support and/or spousal support.
How Long Do You Have to Wait to Remarry After a Divorce?
In most states, you can get remarried as soon as the divorce is final. However, several states have laws that say you must wait before you enter a new marriage. Most of them have 30- to 180-day waiting periods. These states include:
Impacts of Remarriage
When either spouse remarries, it could affect child support and spousal support. A second marriage resulting in blended families can also affect other factors, including time-sharing and estate planning.
On Child Custody
When either spouse remarries, it doesn’t directly affect child support and time sharing. You still must follow the parenting plan and pay the amount of child support ordered by the court. However, a new spouse can indirectly affect time sharing or even child support. The other parent could ask for more child support since you now have two people contributing to your household making more of your income available to pay support. While that rarely happens, an ex-spouse with a persuasive lawyer could succeed.
The other issue is parenting time. If you remarry and your ex-spouse still has feelings for you, she could ask the court to change custody arrangements and allege that your marriage isn’t in the best interest of the children. Although your new spouse may love your children, one of the unfortunate consequences of remarriage is the jealousy of the other spouse.
On Spousal Support
Most states terminate spousal support on the remarriage of the receiving spouse. However, some states have exceptions based on the type of spousal support. For instance, a state may terminate spousal support for all forms except rehabilitative alimony.
If you learn that your spouse remarried and no one notifies you that you can stop paying spousal support, you can motion the court to abate or terminate the payments.
Emotional Impacts of Remarriage
One of the unintended consequences of remarriage is that the children may have a hard time with your new spouse. Their reactions can vary, depending on several factors, including:
- Age
- Personality
- Conflicts of interest
- Circumstances of the parents’ divorce
- The mother’s or father’s death
Some children may start having behavioral issues or have trouble in school. They may withdraw emotionally. It’s always important to maintain open communication with your children and seek advice from a licensed therapist or counselor to advise you on how best to handle the transition.
Why Work with Cordell & Cordell
Remarriage can cause financial and emotional issues for everyone involved. Working with an experienced family law lawyer at Cordell & Cordell can help you through the process of changes affecting the legal status of your obligations, including stopping alimony or dealing with your ex-spouse’s reaction to new family dynamics.
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Additional Resources
Did Your Ex Get Remarried? See If You Can Stop Paying Alimony
If you need legal advice, don’t wait. Contact our team today at 866-DADS-nzW or fill out our online contact form to schedule an initial consultation about your family law issues, including the ramifications of remarriage and when you can stop paying alimony.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
