How Will My Illinois Divorce Agreement Be Affected if My Ex or I Get Remarried?

 Posted on June 26, 2020 in Divorce

There are so many things that you and your spouse must figure out before you can actually settle your divorce. You must determine how you will divide your marital property, who will live where, whether or not either of you are entitled to spousal support and the list goes on. When you have children, that list is even longer because you must also determine how you and your spouse will share parenting time, how parental responsibilities will be allocated, how much child support will be paid each month and where the child will live. With all of that, finally signing on the dotted line of your divorce agreement can seem like finishing a marathon.

However, when you divorce a spouse that you have children with, you will never truly be completely divorced from them. In fact, some of the same issues that you had to settle during your divorce may pop up again if you or your spouse ever get remarried. An Illinois divorce lawyer can help you request a modification of your divorce agreement in case either you or your ex get remarried.

Remarriage and Spousal Maintenance

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that any obligation to pay maintenance is terminated when the spouse receiving the maintenance remarries or cohabits with another person on a permanent, conjugal basis. The person receiving the maintenance also has a duty to notify the paying party before he or she gets married, as the maintenance payments end the day the cohabitation begins.

If the court finds that the receiving party did not notify the paying party and continued to collect maintenance payments, the receiving party will be responsible for reimbursing the other party any overpayments. While those receiving spousal maintenance payments will stop receiving them once they are remarried or are cohabiting with another person, those paying spousal maintenance will continue to do so even if they remarry or cohabit with another.

Remarriage and Child-Related Issues

When it comes to child-related issues, remarriage can make things a little tricky. A remarriage will likely never mean that a child support order is terminated unless the child’s other biological parent’s rights are also terminated. In some cases, however, a remarriage can have an effect on the amount of child support that is paid each month. For example, if a parent who receives child support each month gets remarried and their spouse is well off, the paying spouse may be able to make a case to have his or her monthly support payment reduced because the receiving parent now has more disposable income.

Have a Question About Your Divorce Agreement? Contact an Elmhurst, IL Divorce Modification Attorney

For many people, a new cohabiting spouse or remarriage is the next step to moving on in life after a divorce. However, when you have a spousal maintenance order or you have children with your ex-spouse, this can pose issues for your existing divorce orders. At Weiss-Kunz & Oliver, LLC, we can help you request a modification to your existing spousal maintenance or child support orders if you or your ex has been remarried. To schedule a consultation with our DuPage County divorce modification lawyers, call us today at 312-605-4041.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

https://www.verywellfamily.com/remarriage-and-child-support-2997985