How Does Remarriage Affect Your Divorce?
Sept. 30, 2022
When your divorce is complete, you and your ex-spouse are free to remarry. However, before you tie another knot, there are certain considerations at hand because remarriage after a divorce could potentially impact alimony, child support, or even child custody.
If you are considering getting remarried after a divorce, you need to understand how remarrying affects divorce agreements to avoid the unanticipated and unintended consequences. You may need to discuss your case with a divorce attorney in Georgia to understand potential issues that may arise if you get remarried.
The family law attorney at E.N. Banks-Ware Law Firm LLC can address your concerns regarding remarriage and its potential impact on your divorce decree or settlement. With an office in Lithonia, Georgia, attorney Banks-Ware assists clients in a wide range of family law issues throughout the state, including Conyers, Decatur, Covington, Lawrenceville, and McDonough.
Impact of Remarriage on Alimony
In Georgia, alimony may be subject to termination for several reasons. One of the reasons is the remarriage of the supported spouse, also known as the recipient spouse.
If the spouse who receives alimony remarries, he or she is no longer entitled to spousal support payments stemming from the previous marriage. At the same time, the remarriage of the paying spouse has no impact on their obligation to financially support their ex-spouse through alimony payments.
The termination of alimony triggered by the remarriage of the recipient spouse occurs automatically unless the divorce decree or settlement agreement says otherwise. In some cases, the divorce decree or settlement agreement may contain a provision stating that alimony should be paid to the supported spouse even after his/her remarriage.
Have an experienced family law attorney review the terms of your divorce decree or settlement agreement to understand the potential impact of remarriage on alimony in your particular case.
Impact of Remarriage on Child Support
In most cases, the remarriage of either parent in and of itself has no impact on child support, though there may be exceptions. Georgia law recognizes that both parents must support their children, even after a divorce or remarriage. Thus, even if the custodial or non-custodial parent remarries, they must continue supporting their children until the kids reach the age of majority.
However, remarrying someone after a divorce could affect child support indirectly if the remarriage has a significant effect on the remarried parent’s financial situation. In that case, the court may take those changes into account to modify the amount of child support. Consider consulting with a knowledgeable attorney to discuss your unique situation and understand how remarriage could impact child support in your case.
Impact of Remarriage on Child Custody
As with child support, the remarriage of either parent does not impact the existing child custody arrangement. The only exception to the general rule is if there is evidence to prove that a parent’s remarriage is not in the best interests of the child. In that case, the other parent may be able to modify the existing arrangement to protect the child.
For example, suppose the remarried parent’s new spouse suffers from alcohol or substance abuse or has abused or neglected the child. In that case, the court may agree to change the custody arrangement to protect the child’s safety and well-being. Keep in mind that Georgia courts make child custody decisions based on what would be in the child’s best interest.
Another example in which remarriage may affect child custody is if the remarried spouse decides to relocate with their new spouse to another city, state, or country.
Work With an Experienced Attorney
The legal issues involved in getting remarried after a divorce are complex. Remarriage could impact various aspects of your divorce decree or settlement agreement, which is why you may need to work with an experienced family law attorney. Noreen Banks-Ware, the founding attorney of E.N. Banks-Ware Law Firm LLC, helps clients in Lithonia, Georgia, and surrounding areas navigate the complex laws when planning a remarriage. Reach out today for a consultation.