Important Considerations When Getting Remarried in Illinois

 Posted on January 11,2021 in Family Law

Although many people who enter into marriage believe it will last their lifetime, that is not always the case. A couple may choose to get divorced for many reasons, such as infidelity, financial problems, mental illness, or simply because they grew apart. In some cases, they may have gotten married very young and as they matured, realized that they did not have anything in common or their interests or goals were not aligned. Some older couples may come to this realization after they raised their children and are empty nesters. Regardless of when you end your marriage or your age, you can find love again. In these situations, you may want to make your relationship legal by getting remarried. Even though you have been through it before, a remarriage can present its own set of challenges, especially if you have children. Talking with an experienced Illinois family law attorney can help make sure your rights are protected this second time around.

Spousal Maintenance

In Illinois, spousal support may be awarded in certain divorce cases. For example, if one spouse stayed home to raise kids while the other spouse worked full-time, the stay-at-home parent is likely to receive payments as part of the divorce settlement until he or she can become self-sufficient. This financial relief can be paid out monthly or in one lump sum. However, it automatically ends when the receiving spouse gets remarried. The only exception to this rule would be if the former spouses agreed to a set duration regardless if either one remarries. On the other hand, if the paying spouse remarries, spousal maintenance may not be affected, unless the court determines that his or her former spouse is employable and should stop receiving payments.

Parenting Plan

In Illinois, divorcing parents are required to submit a parenting plan that explains how they will raise their children moving forward. This document states who will make decisions for the children and how those decisions will be made. It also includes which parent has the majority of the parental responsibilities (child custody) and a parenting time (visitation) schedule. In a second marriage, both parents should consider the children’s feelings when introducing them to a new stepparent and possibly stepbrothers or stepsisters. Remarriage can also impact children’s living arrangements, which may mean modifying the parenting plan. Ultimately, making time for the children and trying to foster positive relationships can alleviate the stress of transitioning to a new family unit.

Prenuptial or Postnuptial Agreements

Drafting a prenuptial or a postnuptial agreement allows a couple to outline how assets and property will be divided in the event of divorce. Many couples who have been married previously seriously consider these legal documents, especially if they did not have this type of agreement in their first marriages. This way, they can make sure whatever property they bring into the new marriage will remain theirs if they divorce again. In addition, one or both spouses who are older might possess significantly greater assets that were obtained either through income, gifts, or inheritance.

Child Support

Under Illinois law, child support is calculated using the Income Shares Model. The guidelines state that the non-custodial parent must pay a minimum percentage of his or her net income, depending on the number of children who need support (usually minors). Illinois courts consider various factors when determining child support, including a new spouse’s income.

Contact a Rolling Meadows Family Law Attorney

A second or even third marriage can be the charm, so to speak. Although you may have found your perfect and true companion, there are still several things to keep in mind before tying the knot again. At The Law Office of Nicholas W. Richardson, we have assisted clients with divorces and second marriages. Our conscientious and dedicated Hoffman Estates family lawyer will work with you to ensure your rights are protected every step of the way. To set up your free consultation, call us today at 847.873.6741.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K503