Divorce can be a challenging legal process, but the long-term benefits
are typically worth the temporary heartache and struggles. The end of
one complicated marriage gives both spouses a second chance at love and
romance. However, before you put slip on a new ring, it’s important
to understand how your new marriage can affect the terms of your original
The Financial Obligations of a Post-Divorce Life
A divorce settlement is essentially a legal agreement that encompasses
the terms of a couple’s separation. Before spouses can finalize
their divorce, they need to make decisions regarding spousal maintenance,
child custody, child support, debt allocation, and asset division. These
determinations are important aspects of their divorce settlement.
Because your new marriage naturally alters your financial situation, it
may impact the original terms of your divorce settlement. For example,
the Illinois Marriage and Dissolution of Marriage Act states that both
former spouses can request a modification or termination of payments under
Spousal maintenance can be modified or termination under the following
- One former spouse passes away
- The receiving spouse cohabitates with a new romantic partner
- The receiving spouse remarries
- There is a drastic change in either spouse’s financial circumstances
Spousal maintenance, commonly known as “alimony,” is designed
to financially assist the receiving spouse as they adjust to living on
a single income. Depending on the terms of the divorce settlement, these
payments can be temporary or permanent. However, if the receiving spouse
remarries, the paying spouse can ask the court for a modification or termination
of the original court order. The paying spouse remarries, he or she is
still responsible for making spousal maintenance payments.
Child Support Payments
Child support payments will not be terminated if either parent decides
to remarry. Illinois law takes these court orders very seriously because
the purpose of child support is to provide for a child’s basic needs.
There is no court in the country that will willingly and knowingly jeopardize
a child’s health or stability. However, modification can be requested
if the paying spouse remarries and is now financially supporting multiple children.
Child Custody Modifications
It’s not unusual for a remarriage to lead to a relocation. Of course,
this may necessitate a modification in your custody agreement. For example,
the visitation schedule may need to change to accommodate your new location
and your child’s school schedule.
In some circumstances, your ex’s new spouse may want to legally adopt
your child. The Illinois legal system will only allow this adoption if
you’re willing to relinquish your parental rights.
Retain Experienced Legal Counsel
If you have any questions or concerns about your divorce settlement, contact the
Illinois divorce attorneys at Wakenight & Associates. We understand that a divorce settlement
from years ago may not be applicable to your present lifestyle. Our experienced
legal team can help you pursue and secure any necessary modifications.
Call Wakenight & Associates, P.C.
to schedule your free consultation. We have offices conveniently located
in Joliet, Oak Park, and Mokena.