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How does remarriage affect an Illinois divorce?

Navigating post-divorce life looks different for every person. Some pursue singlehood and focus on their careers, while others choose to commit to a relationship again.

Even if recent statistics show that remarriage has declined over the past two decades, 50% of divorced Americans still want to form fresh marital bonds. However, the prospect of a new love may impact their existing divorce decrees and future legal proceedings.

Remarriage after divorce can be tricky

Remarrying after finalizing an Illinois divorce is a personal decision that brings unique financial and emotional complications. Some of these may include:

  • Alimony: Unless a specific provision in the divorce agreement says otherwise, if a recipient spouse remarries, it can automatically terminate spousal support. But if a paying spouse remarries, they must continue making payments.
  • Child custody: Remarriage in itself does not directly influence custody arrangements. But suppose this substantial change in a parent’s circumstances disrupts the child’s living conditions or well-being. In that case, custody modifications may be necessary.
  • Property division: Remarriage indirectly affects the equitable division of assets and liabilities. For instance, inheritance is often not part of the marital estate. However, if it commingles with marital property, such as an inherited house turning into a family home, the remarried spouse might have to negotiate with their ex-spouse.

These complex issues must not keep a divorced individual from trying to settle down again when they are ready to do so. But remarriage should also not be a reason to neglect their duties from a previous marriage.

Remarriage can be especially difficult for the child

A child has gone through so much due to the parental split. So, to learn that one of their parents is about to start a new family can lead to additional emotional distress and confusion. To avoid further harm, both parties can sit with their child to explain and guide them through the ongoing changes. Parents may also benefit from having a legal team who can help them protect their child’s welfare.

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