divorce is finalized, all conflicts are resolved, and individuals are able to
start the next chapter of their lives, it is not uncommon for them to
enter a new marriage. However, how does getting remarried affect a previous
Remarriage & Alimony
alimony order is when one spouse pays the other on a monthly basis until the latter
becomes self-supporting. When a supported spouse (i.e. the spouse receiving
alimony payments) remarries, periodic alimony automatically ends.
On the date of the marriage, the paying spouse may stop making spousal
support payments without going to court. However, if the alimony order
entails a lump-sum payment or transfer of property, these obligations
do not end.
If the supported spouse starts cohabitating with a romantic partner, the
paying spouse may attempt to seek modification or termination of a current
alimony order. According to Florida law, cohabitation means living with
another person and receiving financial assistance from him/her.
Remarriage & Child Support
Although remarriage on its own won’t have an impact on a parent’s
obligation to support a minor child, there are several factors which may affect
child support payments. In many cases, a new spouse’s income may be taken into
consideration when it comes to modifying child support.
For instance, a mother who has primary custody of a child remarries a man
who earns a substantial income, meaning she has more money to care for
the child. In this situation, the court may lower the father’s child
support payment because the mother can use her own funds to support the
child, while the stepfather can contribute to household expenses.
Additionally, if a noncustodial father remarries a woman who has a child,
the court may lower child support payments to his ex-wife to account for
supporting a second family. However, if the new spouse earns a higher
income than the noncustodial parent, the courts won’t increase his
child support payment.
Remarriage & Child Custody
In general, remarriage doesn’t have an impact on
time-sharing arrangements. However, there are several exceptions.
For example, if a new spouse doesn’t get along with a child due to
being abusive or irresponsible, the courts may alter the time-sharing
order because of the negative change associated with a new marriage. By
contrast, if a new spouse makes a positive impact on a child’s life
and creates a beneficial family environment, the court may grant a noncustodial
parent more visitation time with the child.
If you or your ex-spouse remarries in Florida,
contact our Orlando family law attorney at
R. Gregory Colvin today so we can reevaluate your current divorce agreement.