Does Illinois Allow You to Remarry Your Ex-Spouse?

 Posted on August 18, 2021 in Divorce

For many divorced individuals, the prospect of remarrying a former spouse is the last thing on their minds. However, this is a choice that a surprising number of people make - and, according to the research, they frequently do it successfully. 

People who seek to remarry their former spouse often have very good reasons for wishing to do so. After some time apart, a couple may realize that getting divorced does not rid them of the responsibility to raise their children together. A shared history and vision for the future often make it possible to overcome past hurt and rekindle a relationship. 

However, marriages that ended once can end again. Former partners getting remarried should consider several things before taking a second leap into commitment. 

Manage Existing Child and Spousal Support Obligations

Spousal support payments automatically end once the receiving partner gets married. However, the paying spouse must officially notify the receiving spouse that the payments will end at least 30 days before the wedding. A verbal agreement between two former spouses that they intend to get married is not a justification to stop paying alimony; if they break up before the wedding, past and future support payments will still be due.

Getting remarried does not automatically absolve a parent of their child support responsibilities. The paying parent must notify the court of the change in circumstances via a petition to halt payments.

Protect Premarital Property

Once a divorce is finalized, a couple’s assets have been permanently divided. If former spouses decide to remarry, everything they own is considered pre-marital property, even if they jointly owned it during their previous marriage. 

Consider hiring an attorney with experience writing prenuptial agreements. If the second marriage breaks down, spouses will save themselves considerable time and money by avoiding much of the asset division process a second time.

See a Couple’s Therapist

Although getting remarried may seem like an easy way to simplify the challenges of a divorced couple with children, jumping back into the same problems is likely to end in disaster for parents and children alike. Remember that you probably got divorced for good reasons; those reasons need to be addressed in order for the current marriage to be successful. 

Work with a Cook County Family Law Attorney

If you hope to remarry your former spouse, learn from the past and enter the marriage prepared. Working with an Arlington Heights family law attorney who is experienced in divorce, prenuptial agreements, and modification of spousal support payments can help you set yourself up for success. Schedule a consultation with an attorney at A. Traub & Associates by calling us at 847-749-4182 today. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+II&ActID=2086&ChapterID=59&SeqStart=900000&SeqEnd=3150000