Remarriage After an Illinois Divorce: What You Need to Know

 Posted on February 13, 2023 in Family Law

Getting divorced is a painful and often heartbreaking process to go through. However, there is often a silver lining. Divorced individuals are able to move on with their lives and embark on new beginnings. This can include forming a new relationship and eventually deciding to remarry. If you live in the state of Illinois and plan to enter into your second marriage, keep the following considerations in mind.

You May Want to Get a Prenuptial Agreement

Most family law attorneys recommend prenuptial agreements for individuals getting married for the second or third time. Prenuptial agreements have multiple financial and legal benefits for both parties. A prenup may be used to protect each party's assets, designate certain assets as non-marital, and provide financial security if the marriage ends in divorce. If you plan to enter into a second marriage, it's wise to consider drafting a prenuptial agreement with your soon-to-be spouse.

Be Aware of Your Rights Regarding Spousal Support

Some Illinois divorce cases include an order for alimony or spousal maintenance. If you are currently receiving spousal maintenance, you should know that your maintenance payments will terminate if you get remarried. Per Illinois law, a spouse no longer has to pay maintenance if the recipient cohabitates with a romantic partner or remarries.

Tread Cautiously When it Comes to Children

For children, it can be hard to accept a new adult into the family. Do not force a relationship between your new partner and your children. Instead, give your children time to get to know your partner and to form their own relationship. It's important to ensure your children are comfortable with the new addition to the family before jumping into any major decisions.

Get Professional Help

When entering into a second marriage, it is always best to seek professional counsel from an experienced family law attorney. Your lawyer can provide you with sound legal advice on how to best protect yourself and your interests when entering into a new marriage.

Contact our DuPage County Family Law Attorneys

If you have found love again after a divorce, congratulations on this exciting new chapter in your life! Although marriage can be a wonderful gift, it also comes with complicated legal and financial matters. Our Wheaton divorce and family law attorneys can provide the legal guidance you need. We can help you and your new partner draft a prenuptial agreement that protects your financial interests and defines your financial rights. We can also address concerns related to child support, child custody, spousal maintenance, and more. Call our office at 630-657-5052 to set up a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59