How Remarriage Affects a Florida Divorce Agreement

How Remarriage Affects a Florida Divorce Agreement

Posted By R. Gregory Colvin LLC || 29-Nov-2018

Once a 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 divorce agreement?

Remarriage & Alimony

A periodic 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.

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