What Should You Do Before Getting Remarried After Divorce? 

 Posted on March 20, 2025 in Divorce / Family Law

Getting remarried after a divorce can be an exciting new chapter, but it also comes with legal and financial considerations. Many people who have gone through a divorce are understandably cautious about jumping into marriage again, especially when it comes to issues like taxes, child support, alimony, and child custody. Before walking down the aisle again, it is important to understand how your new marriage could impact these areas.

At Loire Krajniak Law, LLC, our Illinois family lawyer helps clients manage the legal side of remarriage. Whether you need to update an existing court order, renegotiate support payments, or ensure your rights as a parent are protected, our firm is here to help.

How Will Remarriage Affect Child Support and Alimony?

One of the biggest concerns for many divorced people is how remarriage will impact child support or spousal support (alimony) obligations. The effect of remarriage depends on several factors, including the specific terms of your divorce decree and Illinois law.

Child Support

In Illinois, child support payments generally do not change just because a parent remarries. However, if your financial situation changes — such as if you have additional children with your new spouse or your income increases significantly — you or your ex-spouse may request a modification.

Spousal Support

If you receive alimony from your ex-spouse, getting remarried will likely end those payments. Illinois law states that spousal support automatically stops when the recipient remarries. If you are the one paying alimony, your remarriage will not affect your obligation to your ex.

If you have concerns about how your remarriage will impact these payments, speaking with a family law attorney can help you understand your rights and options.

Do You Need to Update Your Child Custody Agreement if You Get Remarried?

If you share custody of your children, remarriage can also affect your parenting plan. A new marriage often means changes in living arrangements, daily routines, and even a possible relocation. If you plan to move or significantly change your child’s schedule, you may need to modify your existing custody order.

Your ex-spouse could challenge your custody arrangement if they believe your remarriage negatively impacts the child. Courts in Illinois focus on the best interests of the child, so if your new marriage involves moving out of the area, blending families, or new financial circumstances, these factors may come into play.

Should You Consider a Prenuptial Agreement Before Getting Remarried?

If you are entering a second or third marriage, you may want to protect your assets, inheritance plans, or business interests with a prenuptial agreement. These agreements can help:

• Protect assets brought into the marriage

• Clarify financial responsibilities for each spouse

• Ensure children from a previous marriage receive designated inheritances

• Avoid future disputes in the event of another divorce

Prenuptial agreements are especially useful for those who have retirement accounts, significant savings, or family-owned businesses they want to protect.

Talk to a Kendall County, IL Family Law Attorney Before Getting Remarried

Before you say "I do" again, take the time to review how getting married again could affect your financial and legal responsibilities. At Loire Krajniak Law, LLC, our Oswego, IL family lawyer helps clients understand the potential impacts of remarriage and make informed decisions.

If you have questions about child support, alimony, custody modifications, or prenuptial agreements, call 630-448-2406 today for a free consultation.