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Remarrying After Divorce In New Jersey

Following a divorce in New Jersey, a consideration that has to be accounted for is if the decision is made by either party to remarry. While a person who has gotten divorced might want to move on with his or her life post-divorce and part of that involves finding a new spouse, there are certain issues that must be taken very seriously prior to remarrying. The key issue is financial with child support and alimony being the prominent factors in a circumstance involving remarriage. If there are new financial obligations assumed by a person paying child support and alimony or a new relationship and financial circumstances for a person who is receiving child support and alimony, these can be significant for the future.

Can A New Marriage Affect The Divorce Agreement?

bridal party

When the spouse who is receiving child support and alimony remarries, the former spouse has a right to ask questions regarding the obligations he or she might still have. If, for example, the custodial spouse who is receiving child support and alimony now has a new spouse who has a job and is bringing a paycheck—possibly a significant paycheck—into the home, the non-custodial spouse might want to alter the financial agreement from the divorce. If the supporting spouse has increased family obligations after getting married, that will not have an effect on the support provided to the former spouse. There are, however, certain situations that will possibly influence the divorce agreement. Depending on the kind of alimony paid, it might be eliminated. There can be a motion to modify alimony, a motion to modify child support, and a motion to establish certain responsibilities to pay for college education. Remarriage is known as a “change of circumstances.” If the spouse who is receiving alimony receives open duration or limited duration alimony, the alimony ends as soon as the supported spouse remarries. If the new marriage ends in divorce, the spouse who was receiving permanent or limited duration alimony cannot request a renewed support on the part of the first former spouse. That obligation is over as soon as the supported spouse remarries.If the supporting spouse decides to remarry, it has no bearing on the agreements to the prior spouse.

Child Support And A Remarriage In Monmouth County 

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The request for modification of a child support settlement will generally occur when a custodial spouse is receiving alimony and child support and remarries. The non-custodial parent, seeing that the former spouse has remarried and should have an increased source of income from the new spouse, might file a motion to alter the divorce agreement to account for the custodial parent's new living situation. The supporting former spouse will request that the payments be reduced commensurately. The supporting non-custodial parent can ask the attorney to request that the custodial spouse's new husband's or wife's financial contribution for expenses be examined during discovery and perhaps the obligation on the part of the non-custodial supporting ex-spouse can be lowered. The custodial parent's new spouse's income cannot be accounted for as income belonging to the custodial spouse, but it is relevant to determine the resources available to the custodial parent and therefore might allow the obligation on the part of the former spouse to be reduced.

Call Us Today About Remarriage After Divorce In New Jersey

When divorcing, one of the keys to the settlement is the alimony and child support components. Whether a new marriage will influence the amount a custodial parent will receive or has the potential to end the alimony entirely, is something that has to be discussed with an attorney beforehand. In certain circumstances, the supporting former spouse will try to not only reduce or eliminate the alimony, but there might be a change to the child support agreement. Do not make the mistake of not knowing the possibilities regarding alimony and child support in the event that you consider remarrying.

For those whose spouse is remarrying and that spouse is still receiving alimony, it is also wise to speak to an attorney to see if it is possible to alter the divorce agreement or eliminate the alimony payments. If you or a loved one have gotten divorced and you or the former spouse are thinking about marriage in Monmouth County, Ocean County or any other area of New Jersey, it's important to know the ramifications when it comes to child support and alimony following the remarriage. The attorneys at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey can help you.

Other Resources Post Divorce 

A Monmouth County Divorce Lawyer Outlines The Types of Alimony in NJ

Types Of Alimony In A New Jersey Divorce

Cohabitation And Alimony In New Jersey

High-Net-Worth Divorce In New Jersey


Whether you are from Spring Lake Heights, Cream Ridge, Freehold or any other town in New Jersey, the attorneys at Villani & DeLuca P.C. are here to help. Call Villani & DeLuca, P.C. at 732-965-3404 today to discuss remarriage after divorce and the issues surrounding it.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

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