Will My Illinois Divorce Agreement Be Affected if My Ex or I Get Remarried?

 Posted on March 22, 2021 in Divorce

There are dozens of things that you and your spouse will have to agree upon before you can finalize your divorce agreement. Some of the most contentious issues throughout many divorces are those dealing with two notorious topics -- finances and children. Things such as property division and child custody have the potential to turn a mildly agreeable divorce into one that is fueled by strong emotions, rather than reason. Even after you have come to a consensus, nothing is set in stone. Under certain circumstances, you may need to petition the court to modify your divorce agreement. One of the most common reasons for doing this is a remarriage by either spouse.

Remarriage and Child Custody

When it comes to child custody issues, such as parenting time and parental responsibilities, the remarriage of either parent can create the potential need to change the parenting time order or child support order. In nearly all cases, the child support order will likely never be terminated, but there is a possibility that the monthly amount could change. In Illinois, all child-related decisions are made using the child’s best interests. This means in a remarriage scenario, the actions taken are very situational depending on the family’s circumstances.

Spousal Support and Remarriage

Unless you and your spouse include a provision in your divorce agreement or other legal documents that you will continue to pay spousal support, these payments terminate when the receiving spouse is remarried. Many people do not realize that spousal support also terminates if the receiving spouse moves in to live with a new partner, though it must be on a “resident, continuing conjugal basis.” In addition, the support terminates the day the receiving spouse is remarried or begins to cohabit with another. Any support that is paid after that date is entitled to be reimbursed to the paying spouse.

Our DuPage County Divorce Decree Modification Attorney Can Help

Moving on after your divorce can be difficult, but it is a natural step that everyone takes eventually. However, getting remarried after your divorce can require a change in the terms of your divorce agreement in some circumstances. At the Law Office of Ronald L. Hendrix, P.C. we can help you determine if a modification of your divorce agreement is necessary after a remarriage. If so, our skilled Bolingbrook divorce decree modification lawyers will help you through the legal process. To schedule a free consultation, call our office today at 630-355-7776.

Sources:

https://www.verywellfamily.com/remarriage-and-child-support-2997985

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm