Legal Considerations To Be Aware of in a Second Marriage

 Posted on October 22, 2021 in Premarital Agreement

Divorce often creates an opportunity for a second chance at love. If you are engaged to be married, and the union is your second or third marriage, you are likely excited and enthusiastic about the upcoming wedding. However, it is important to remember that marriage is a legal partnership. Consequently, you should be aware of the legal concerns you may face.

Your Marriage Can Influence Spousal Support and Child Support

Spousal support or spousal maintenance is usually ordered for a specific length of time. However, spousal maintenance almost always terminates when a recipient gets remarried – even if the original spousal maintenance order was intended to last longer. You are obligated to notify the paying party, your former spouse, at least 30 days before the marriage. This gives him or her time to file a motion to terminate spousal maintenance.

Child support payments are dependent on the parents’ net income. Your new spouse’s income is not included in child support calculations. However, your new spouse’s financial situation may influence your own financial situation that can impact child support.

You May Want to Get a Prenup

Prenuptial agreements are especially important in second marriages. Often, someone getting married for the second time has accumulated significant assets and debts. They may have children from their previous marriage. A prenuptial agreement is used to protect each spouse’s financial interests in the event of divorce. The prenuptial agreement may also have estate planning advantages in the event of a spouse’s death. For example, you can use a prenuptial agreement to exclude family heirlooms or special property from the marital estate.

Contact a Palatine Family Law Attorney

If you are getting married for the second time, it may impact family law concerns like spousal maintenance and child support. An experienced family law attorney can help you determine how your marriage may impact these issues. Individuals getting married for a second time may also wish to sign a prenuptial agreement. A prenup can differentiate marital and non-marital property, describe spouses’ spousal maintenance rights and obligations, and much more. However, prenuptial agreements are only legally binding if they are properly executed.

Arlington Heights family lawyer Nicholas W. Richardson can help you address each of these concerns. Mr. Richardson has over 12 years of experience constructing personalized solutions for a wide range of family law issues. He and the rest of the team at The Law Office of Nicholas W. Richardson, P.C. can provide the legal guidance you need. Call us at 847.873.6741 for a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K504

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