Divorcing is never the outcome that two parties planned for when they married, but it happens frequently. It is estimated that half of all first marriages end in divorce, and as many as 67% of second marriages also end in divorce.
Individuals who have been divorced before and are considering remarriage, or those who are facing a second divorce, may have a more complex legal situation to navigate compared to those approaching the process for the first time.
At any age or socioeconomic status, if you are preparing for a second marriage or divorce, you will need to be prepared for the unique ways in which your life will change.
Here are the primary ways in which a previous divorce affects a person who is considering remarriage or a second divorce according to divorce lawyers in Frederick, MD.
Child Support
If children are a part of the relationship, the court will have determined a child support arrangement during the first divorce. Going into the second marriage, the new spouse is not typically bound by that child support arrangement and is not obligated to provide financial support to children from a spouse’s previous marriage as long as those children do not live with the newly married couple.
However, a new spouse may impact child support payments, as their contribution to the overall financial picture of the relationship may necessitate recalculating payments.
For instance, if the divorced parent is no longer paying utility bills, the mortgage, and grocery costs because the new spouse has taken over these responsibilities, they are considered to have more available money with which to contribute to child support.
Child Custody
Child custody arrangements can be amended at any time, including after one parent has remarried. A child may be granted more time with a parent due to their new living arrangements, income, and opportunities granted by a marriage.
Alternatively, the ex-spouse may petition to remove some child custody rights on the grounds of the new marriage. If divorcing for a second time with children from two different marriages, navigating an equitable division of custody between all parties can become more challenging.
Alimony
Alimony is the practice of one former spouse providing regular payments for the other to compensate for the loss of financial quality of life provided by cohabiting or sustaining dual incomes.
If, and who pays alimony, and to what extent, is determined by a range of factors, such as whether one partner stayed home to care for children, who earns less or more, and other similar factors. Alimony is typically a temporary measure to assist the lower-earning spouse with establishing themselves, such as by providing income while they find employment or return to school.
Alimony payments end when the person receiving the payments remarries. If any party remarries and then divorces again, any alimony will be calculated only by the marriage being dissolved, not from any previous marriage.
If the partner who is paying alimony marries, they are expected to continue their payments for the duration of the alimony agreement or until their ex-partner marries or passes away.
Asset Division
The division of assets is a vital part of any divorce, but the process can become much more complex after the first marriage. During a second or subsequent divorce, the calculation of marital assets becomes more nuanced.
Non-marital assets are those acquired outside of the marriage; in the case of a second marriage, this includes not only what the person accumulated while single but also the assets they acquired during their previous marriage(s).
Because second and later marriages tend to happen later in life, when the potential for acquiring high-value assets is higher, the process of dividing valuables can come with greater sway. Homes, pensions, investments, vacation property, and vehicles are all eligible for division, as well as the balances of bank accounts and savings.
A previous divorce that impacted retirement accounts, for instance, can cause retirement planning to stall as a second divorce also targets retirement funds, eliminating the growth that was achieved between the first and second marriage.
Benefit from Legal Experience During and After Divorce
If you are entering a second marriage or a first or subsequent divorce in Frederick, MD, your situation can become complicated. From the division of assets to the many ways in which a previous divorce can impact child custody and alimony, having a legal team on your side will help you to better navigate this challenge.
The experienced attorneys at Milstein Siegel assist families with high asset divorce, second divorces, and more complex issues. Contact Milstein Siegel to learn how we can help you protect your assets.