How Can My New Marriage Affect My Divorce Agreement?

Posted November 30th, 2016 by .

Categories: Family Law.

remarriage-and-divorce-anthony-carboneYou know that you finally met the man of your dreams. You can’t wait to spend the rest of your life with him. And one day, he finally pops the question and you say yes. It’s an exciting time in your life…but, can this affect your divorce agreement?

Not many think about their divorce when marrying a new spouse but they should. There are some financial and child support issues that you need to consider before walking down the aisle again. For instance, let’s say you’re receiving child support. If you get remarried, this will mean there is a change in your financial circumstances and it’s possible that your ex may consider altering your support payments. Or, if you are receiving alimony, you can even see it eliminated.

In legal terms, remarriage is considered a “change of circumstances,” and that means you may be heading back to the courtroom to modify your divorce agreement, especially if alimony is involved. And if your new marriage ends in divorce, you may not be able to request or renew any previous alimony arrangements that you were getting from your first ex.

And when it comes to child support, your ex may request the court that your new spouse’s financial contribution be examined to lower child support payments. Although your new spouse’s income cannot be accounted for as income belonging to you, it can be used to determine what financial resources you have available and thus reduce the obligation of your ex.

As you can see, this can be quite difficult. That’s why it’s important to read your divorce agreement and speak with your divorce attorney before bringing a new person into the family.  Especially if child support is a major component in your agreement.

If you are thinking about getting a divorce in New Jersey or are considering remarrying, it’s best that you speak with an experienced family lawyer. Contact the Law Offices of Anthony Carbone today for a free consultation.


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