1. Execute a prenuptial agreement before you remarry. A properly drafted prenuptial agreement can preserve property for your children from a prior relationship and ensure they receive something if you pass away or get a divorce.
2. Alimony obligations to a prior spouse will continue. Your decision to remarry will not automatically terminate or reduce alimony payments. You will need to show a material and substantial change in circumstance to seek modification.
3. Stepparents do not have legal custodial rights. While stepparents play an important role in your children’s lives overall, your new spouse does not have legal decision-making authority over your children’s health, education, or welfare.
4. Having another child does not reduce existing child support obligations. The birth of a new child cannot be used as the sole basis for modification of an existing child support obligation. However, it can be used as a defense if the other parent requests an increase in child support.
5. Your new spouse’s income is not factored into support calculations. Courts will not consider your new spouse’s income when determining child support or alimony. That said, their contributions to shared expenses may still matter, so you should consult an attorney.
6. Update your estate plan. You should consult an estate planning attorney before your marriage to understand how your remarriage may affect your existing estate plan and to ensure it is consistent with any prenuptial agreement.
7. Remarriage can impact your former spouse’s health insurance. If your prior spouse is on your medical insurance plan, your remarriage will typically make them ineligible for continued coverage on your plan. You should consult an attorney to ensure you are complying legally with the requirements of any judgment or separation agreement.
