Once your divorce is final, you may be anxious to get on with your life and enter into a new relationship. However, it is important to understand how a remarriage could affect your divorce agreement in Virginia, so you make the right decisions for your situation.
How Alimony Is Affected by a Remarriage
If alimony was awarded in your divorce, a remarriage can dramatically change the obligation to pay spousal support. This depends on whether you are the supported or paying spouse. Here is what could happen:
- Supported spouse. If you were awarded alimony in your divorce and remarry, your right to financial support will automatically stop.
- Paying spouse. If you were ordered to pay alimony and remarry, you will still have an obligation to pay alimony to your ex-spouse. However, you may be able to obtain a modification of the amount you pay if you can show that it is a hardship to continue with your current payments.
How Child Custody and Visitation Can Be Impacted
A remarriage will not always change the child custody and visitation provisions in a divorce judgment. In making any decision on custody or parenting time, the judge must always be guided by the best interests of the child.
The remarriage by itself may not be considered a big enough change in circumstances to modify the agreement. However, if the stepparent poses a danger to a child or there is less stability in the household, a judge could decide that a change is justified to protect the child.
Child Support Obligations and Remarriage
A remarriage does not change a parent’s obligation to pay child support after a divorce. The amount of child support to be paid will be based on the income of both parents of the child.
However, if a person remarries and has a child with his new spouse, this can affect the amount of child support he pays. Because the parent paying child support now has another dependent child to support, a reduction in child support payments may be warranted.
Additionally, if a stepparent adopts his stepchild after the remarriage, the biological parent’s child support obligations would terminate after the adoption.
Do you have questions about how a remarriage could affect your divorce? I am an experienced divorce lawyer in Midlothian, VA who can answer your questions and take the necessary steps to protect your legal rights in your divorce or other family law matter. To learn more about how I can help, fill out my online form to schedule an appointment today.