Charlotte Divorce Lawyer Blog
Many North Carolinians come out of a divorce and vow to never be married again. The process was emotionally and financially draining and often leaves people broken-hearted or generally exhausted. Though this feeling can last a while, many eventually grow out of their concerns and may decide to make another go of it. If that’s the case for you, you need to be ready for some of the concerns that arise during a second marriage and understand the legal consequences of getting hitched a second time.
The first thing you need to realize is that as soon as you remarry, any alimony payments you currently receive will end. If you have any children from a previous marriage and they live with you, your child support may also be affected. This is because if your former spouse seeks a child support modification it’s possible that the court could include your new husband’s income when making the calculations.
If you’re getting older it’s important to note that you might also be giving up other forms of your ex’s money, such as Social Security benefits. Individuals who were married long enough to receive a share of their spouse’s benefits become ineligible for them if they remarry before age 60. This doesn’t mean you’re left out in the dark, as you may instead be able to collect benefits from your new spouse.
There are other legal restrictions to be aware of before remarriage, especially involving children. Many divorce settlement agreements contain clauses preventing parents from relocating, which may limit your ability to start a new life with a future spouse in a different location. If your agreement contains such geographic restrictions you may have to seek a modification and convince a judge that a move is in your children’s best interest.
Finally, it’s a good idea to review your estate plan, especially if it contains a section regarding who would take care of your children in the event that you die. Remarriage could change your desires and you don’t want the court appointing someone listed years before you met your new spouse. Same thing goes for other sections of your estate plan; if you want assets to go to your new spouse then you must include such provisions.
If you find yourself facing the prospect of divorce in Charlotte, it is best to contact experienced child support lawyers who practice in Charlotte, North Carolina like those at Arnold & Smith, PLLC who can help guide you through the sometimes-confusing process.
See Our Related Blog Posts:
Baby Boomers in North Carolina Increasingly Decide to Call It Quits
Modification of Alimony Addressed by North Carolina Court of Appeals