Getting Remarried After Divorce in Orlando, Florida
Remarriage after divorce is a big and exciting step in starting the next chapter of your life. If you are planning to get remarried and have been divorced in the past, remarriage may raise some important questions. For example, if you have children from a prior marriage, you’ll need to consider how remarriage might impact your children’s inheritance. Under Florida intestate laws, if you pass away, your spouse may be entitled to half of your estate and your children may be entitled to the other half. If you have other plans in mind, you may need to have a prenuptial agreement and estate plan in place. If you are currently receiving alimony from your former spouse, remarriage can also impact your alimony payments. If you plan to have children with your new partner or if you plan to adopt, remarriage can also impact your child support obligations. So, if you receive child support and your former spouse is getting remarried, you might have questions about how you can plan ahead.
Couples who are getting remarried often consider drafting a prenuptial agreement to protect their interests and to make their financial responsibilities clear. If you have been divorced, you know how involved the divorce process can be. A prenuptial agreement can make clear what property, assets, and debts are separate and what property, assets, and debts, will be considered marital property.
The Aikin Family Law Group are divorce lawyers in Orlando, Florida who can assist you with the legal questions remarriage after divorce can raise. We can help you with a prenuptial agreement. We can also help you understand how remarriage might impact your children or alimony.
Remarriage and Alimony in Florida
Unless your alimony agreement specifically requires that your former spouse pay alimony regardless of whether you remarry, alimony generally ends if you get remarried. If you rely on alimony to maintain your standard of living, it is important that you and your future spouse plan ahead for how the ending of alimony payments will impact you. The Aikin Family Law Group are divorce lawyers in Orlando, Florida who can review your divorce decree and help you understand how alimony will be impacted by your remarriage.
Remarriage and Child Support in Orlando, Florida
In most cases, remarriage of either you or your former partner shouldn’t impact either your child support obligation or the amount of child support you are entitled to receive. However, there are specific situations where child support could be impacted by remarriage of either parent. What are these circumstances?
- Remarriage Puts One Parent in A Higher Income Bracket. Child support payments are the responsibility of the child’s biological parents, and not the responsibility of the person either of these parents marry. However, remarriage can sometimes impact your child support responsibility, if marital income, assets, or investments put you in a higher income bracket. If you and your future spouse don’t make a clear distinction of what assets, property, and investments are considered separate property and what assets are considered marital property, then your shared financial situation may be considered when determining your child support obligations if your former spouse asks for a reassessment of your child support order due to changed circumstances. Parents do have a responsibility to support their children in accordance of their financial ability. If your financial situation improves, this can impact your child support order. Furthermore, if you are the recipient of child support and learn that your former spouse has remarried and his or her financial situation has improved, you may be able to seek more money in child support. The Aikin Family Law Group are divorce lawyers in Orlando, Florida who may be able to help you navigate how child support can change when one or both parents remarry.
- You Plan to Have Children or Adopt. If you will have children shortly after you remarry, or if you plan to adopt, this could change your child support obligation. If you have more children, it is understandable that you’ll have to spread your income among all your children equally, which means you’ll have less money per child available. If you need to reduce your child support payments to ensure that you can care equally for all your children, consider speaking to The Aikin Family Law Group, divorce lawyers in Orlando, Florida today. Our firm can help you request a modification of child support and present evidence to best support your case.
- Your Future Partner Wants to Adopt Your Child. If you are planning on getting married and your future partner wants to adopt children from a previous marriage or relationship, it is important to plan ahead. Adoption can only occur if the child’s biological parent is willing to relinquish parental rights. If your future partner adopts, he or she will become financially responsible for your children. This comes with important responsibilities, rights, and protections. If you are considering adopting children when getting married or remarried, or letting a future partner adopt your children, consider speaking to The Aikin Family Law Group, Orlando, Florida divorce lawyers who can help you navigate the complex questions that can arise with this process.
These are some situations where a child support modification may be required due to remarriage. Generally, child support doesn’t change with remarriage. If you have more questions, consider reaching out to The Aikin Family Law Group, divorce lawyers in Orlando, Florida today.
Remarriage and Child Custody in Orlando, Florida
Like child support, remarriage generally doesn’t result in changes to your custody or visitation agreement. However, there are situations where a child custody or visitation agreement can be impacted with remarriage. If, for example, upon remarriage, you will live further away from your former spouse, then changes to your visitation arrangement may be required. If you are concerned about your child’s safety due to a parent’s remarriage, this may need to be addressed through a modification of a parenting plan. The Aikin Family Law Group are divorce lawyers in Orlando, Florida who may be able to assist you with modifying a parenting plan if this is necessary because you are getting remarried.
Getting Remarried? Contact the Aikin Family Law Group
The Aikin Family Law Group are divorce lawyers in Orlando, Florida who can assist you with a prenuptial agreement if you are getting remarried. A prenuptial agreement can often address many of the major questions and issues that remarriage raises. However, if you have additional questions about child support, child custody, or alimony, The Aikin Family Law Group may also be able to assist you.
Born and raised in Connecticut, I am a “double Gator,” having received both my undergraduate and my law degree from the University of Florida. In my practice, I have worked as a Guardian ad Litem with hundreds of children in both dependency and custody cases, frequently appointed by judges. I have been honored to receive many awards and recognition's for my work as a children’s advocate. I received the Florida Bar President’s Pro Bono Service Award for 2017 for my Guardian ad Litem work, and also received the highest award given for Guardian ad Litem representation, the 2016 Judge J.C. “Jake” Stone Distinguished Service Award.
In August 2020, I was one of the first collaborative lawyers to receive accreditation by the Florida Academy of Collaborative Professionals (FACP), a designation I continue to hold today. I teach Collaborative Law as an Adjunct Law Professor at the Barry University School of Law, and serve as the Director of The Barry Collaborative Family Law Clinic. The Clinic represents modest income families with divorce and paternity through the Collaborative Process. I am a Collaborative Law trainer and speaker, and served as the Administrator and board member of The Collaborative Family Law Group of Florida from 2008-2018.
Whether working with clients in the conference room, by zoom, or in the court room, I am committed to empowering individuals and families to achieve healthier and more positive futures.
