Getting Remarried? 3 Legal Considerations Before Doing So

Posted on: 24 March 2016

When you went through your first divorce, you probably swore up and down that you would never get hitched again so that you would never have to go through the heartache again. But time heals most wounds and you have come across the perfect man or woman and you think you're ready to say those nuptials again, but should you or should you just cohabitate forever? Luckily, there are a few things that you can do to avoid past mistakes down the road while still being able to enjoy the happiness that remarriage:

Consider Drafting a Prenuptial Agreement.

If you were to sit down and create a list of problems from your marriage that had a direct impact on your divorce, you would have quite the list. This would likely include finances, which tend to be one of the reasons relationships are strained. Finances, along with debt obligations, inheritances, property, whether joint bank accounts are allowed, who will pay household bills and more, can be outlined in a prenuptial agreement. However, you cannot include things like who will do the laundry, whether pets will be allowed in the home, or whether one spouse will give up their right to future child support. Speak to your significant other and see if you both can come to an agreement on an arrangement that will benefit and protect both individuals. If they refuse to sign a prenup, then this could be a cause for concern. Make sure to dig deeper and find out why they're refusing. 

Understand You May Lose Benefits From Your Previous Divorce.

If you are receiving spousal support from your previous spouse, you may not receive it once you get remarried. If you do, the amount will likely be lowered. Now, if your children are receiving child support, then this probably won't be impacted. This is because both parents must still continue caring for the children. For older individuals who are receiving Social Security benefits, it is important to look at how remarrying will affect those benefits. As a general rule, you cannot receive survivor benefits unless you wait to remarry until after 60 years of age.  

Meet with a Lawyer on Your Own.

While you will eventually need to meet with an attorney along with your significant other, you should also to meet with a lawyer alone to discuss individualized issues. This should ultimately be one of the first things that you do. The family law attorney can help you see any potential issues that you may not be aware of. Remember, just because your first marriage didn't work out doesn't mean that this one won't. You just need to make sure you are better prepared in the event that it doesn't, and an attorney can help you ensure you're well-equipped if that time comes.

For more information, visit Warfield Darrah & Erdmann.