Five Potential Problems When An Ex Remarries
Divorce involves making major changes in every area of your life. Unfortunately, after making peace with your ex and the situation, you could find yourself facing some serious issues if they decide to remarry. Our Fort Lauderdale divorce attorney explains five potential problems that are common to encounter.
- Estate Planning Issues When A Former Spouse Remarries
Under Broward County Probate Court rules, you are not automatically entitled to a share of a former spouse’s estate. However, either on their own accord or as part of your divorce settlement, they may have made provisions for you in a will or life insurance policies. Unfortunately, this could change if they get remarried.
One of the first steps they are likely to take with their new spouse is to change the beneficiary designations on bank accounts and insurance policies. Even if they keep you in their will, their current spouse could contest it. A remarriage could also impact other estate planning documents, such as trusts, advance directives, and powers of attorney.
- Impacts On Alimony
If you get remarried, it will most likely impact your rights to alimony. The law generally terminates payments in this situation. However, if your spouse remarries, they are still under obligation to pay any alimony required, unless they experience a dramatic change in financial circumstances. This could happen either as a result of quitting or changing jobs or due to having children with their new spouse.
- Child Time-Sharing Changes
This is often one of the most difficult areas to address. Even if your children like the other parent’s new partner, a remarriage involves major new adjustments. It could impact your parenting plan regarding pick-up and drop-off arrangements and rights to visits during the week, on holidays, or on other special occasions.
Keep in mind that remarriage does not automatically impact your parenting plan or any current child time-sharing orders you have in place. If your former spouse wants to make changes, such as getting more time with your children, they will need to get it approved by the court.
- Child Support Modifications
Under the Florida Statutes, parents have a legal duty to provide for their children. This does not change simply because they remarry. However, the same as with spousal support payments, dramatic changes in income or the birth of additional children could prompt them to seek a modification to the original order.
- Unresolved Feelings
Dealing with a divorce is difficult. Despite whatever peace you may have made with the situation, it is not uncommon for unresolved feelings to arise due to remarriage. Acknowledging your feelings, talking with someone you trust, and knowing your rights in regard to legal matters can help you adjust to this new situation.
Reach Out To Our Fort Lauderdale Divorce Lawyer
Remarriage could have major impacts on the current divorce orders you have in place. To protect your rights, reach out to Fort Lauderdale divorce lawyer Vanessa L. Prieto. Call or contact us online today to schedule a consultation.
Sources:
browardclerk.org/Divisions/ProbateAndGuardianship
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
