Things to Consider in a Second Marriage

By Allison Rapp Fredrickson | Family & Divorce

Statistically speaking, second marriages are more likely to end in divorce than first marriages. When contemplating a second marriage in Minnesota, here are some things to consider:

Spousal maintenance

As a receiver of maintenance (payee), your right to receive spousal maintenance ENDS when you get married unless you have a non-modifiable spousal maintenance award. There is also a possibility that as the payor, you will not receive a modification just based on the fact of your own remarriage.

Child Support

A new spouse does not automatically affect child support paid from a previous marriage. The new spouse’s income is not included when figuring out income available for child support. Any children born of a subsequent marriage would not be an automatic reduction in previous support orders either. The Court does not see that having more children should affect your support obligation for prior born children.

Prenuptial Agreements

Contact an experienced family law attorney to talk about whether you would benefit from a prenuptial agreement. Prenuptial agreements force you to consider the financial ramifications of marriage and to have a discussion with your soon to be spouse about finances going forward. When defining how things will be divided in the event of a divorce, you will hopefully lessen the financial burden and level of conflict in the event of a divorce because you will have already considered the division of assets. The courts are likely to closely scrutinize prenuptial agreements.

Special Considerations for Prenuptial Agreements

  1. Has each spouse has fully disclosed their assets and liabilities;
  2. Has each spouse had the opportunity to meet with legal counsel of their own (we make this a requirement for our clients so that there isn’t one person that is viewed to have had an advantage by having legal advice)
  3. Has each spouse signed voluntarily and not under duress, meaning that you need to get the prenuptial agreement signed as far in advance of the marriage as possible;
  4. Is the agreement supported by consideration from both sides, meaning that they know what they have and would possibly be entitled to and enter into the prenuptial agreement with a full understanding of those considerations; and
  5. Is agreement is notarized and witnessed properly?

If you have any questions about how your remarriage can affect your current or future obligations or rights, please contact us at 651.439.2878 to schedule a consultation with one of our family law attorneys.

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