If you are thinking about getting remarried, congratulations! It is exciting to start a new chapter in your life. However, before you tie the knot, if you have been divorced, or if you have children from a prior marriage, there may be some legal and financial questions you’ll need to ask before you get married. For example, if you receive alimony, remarriage could impact your alimony payments. And if you have children from a prior marriage, remarriage can impact the inheritance your children may receive should you pass away. Under South Carolina’s intestate laws, your assets and property may be divided between your children and your spouse if there is no prenuptial agreement or estate plan in place. Finally, if you are getting remarried, and have been divorced, you may want to draft a prenuptial agreement before you get remarried. If you have been through the divorce process before, you likely understand how important it is to set clear expectations regarding how your financial affairs will be handled during the marriage. Furthermore, couples getting remarried may have significantly more property or assets that they are bringing into the marriage and may want to take steps to protect their financial interests. Clearly designating which property is shared marital property and which property is separate is important. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can help you understand how remarriage can impact alimony and your children. Our firm can also help you draft a prenuptial agreement that can protect your rights.
Remarriage and Alimony in South Carolina
Under South Carolina law, if you remarry or begin living with a new partner, your alimony payments will end after 90 days of cohabitation. The moment you get remarried, your former partner’s obligation to pay alimony will end. If you are getting remarried in South Carolina, and are receiving alimony, this is a significant consideration. If you are planning to cohabitate, this must also be considered. The Hayes Law Firm Upstate Attorneys, LLC can help you understand at what point alimony payments will terminate if you plan to cohabitate.
Remarriage and Child Support
In most circumstances, remarriage won’t impact your child support obligation nor will it impact the amount of child support you are entitled to receive. However, there are specific circumstances where remarriage can impact your child support obligations or the amount of child support you may be entitled to receive. What are they?
- Your remarriage significantly changes your financial situation. First of all, it is important to understand that your new partner is never responsible for paying child support. Child support payments are the responsibility of the parent. However, if you and your future spouse combine incomes, make significant investments together, or go into business together, and this changes your financial situation, you may be required to pay more in child support. Parents do have a responsibility to provide their children with a quality of life that is proportional to their wealth and income. If you have a future spouse brining in significant wealth, a prenuptial agreement can clearly specify what will be considered marital assets and what will be considered separate assets. The Hayes Law Firm Upstate Attorneys, LLC are child support attorneys in Greenville, South Carolina who can help you draft a prenuptial agreement that can protect your assets and the assets of your future partner.
- If you plan to have more children or adopt when you get remarried or will have more children, this can impact your child support obligation. The amount of money the courts will expect you to pay to support your children should generally be divided equally among all your children. So, if you have more children, the obligation per child could decrease. While your obligation for child support may decrease, this is only because the courts will expect that you’ll be using that money to support your adoptive or newborn child.
- Your future partner adopts a child from a former relationship. There are situations where a new partner in marriage may want to adopt a child from a former marriage or relationship. If the child’s biological parent is not involved in the child’s life and is willing to relinquish parental rights, then the adoption process may be able to take place when you get remarried. When your new partner adopts a child, this relieves the biological parent of any child support responsibilities and makes the adoptive parent responsible for the care of the child. Should you get divorced from a partner who has adopted your children, this partner may be responsible for paying child support for these children.
These are situations where child support can change upon remarriage. Usually, child support only changes if remarriage accompanies other significant life changes or legal processes. If you have questions about how remarriage can impact your child support payments or obligations, contact the Hayes Law Firm Upstate Attorneys, LLC, child support lawyers in Greenville, South Carolina today.
Remarriage and Child Custody in South Carolina
While remarriage won’t impact your child custody arrangement in most cases, remarriage could be considered a major life circumstance by the courts. Only in the event of major changes will the courts consider changing a parenting plan or child custody arrangement. If you are concerned for your child’s safety because of a new spouse your partner is marrying, or are concerned about the home life that your former partner may create with a new spouse, you may have the right to ask for a modification to your parenting plan. If your former partner is moving further away due to remarriage, this could also impact visitation and your parenting plan, and a modification may be required. The Hayes Law Firm Upstate Attorneys, LLC are child custody lawyers in Greenville, South Carolina who can help you navigate the impact remarriage might have on your visitation agreement or parenting plan.
Getting Remarried? Contact the Hayes Law Firm
Remarriage can also impact your children’s inheritance. Under South Carolina’s intestate laws, your inheritance may be split in half between your new spouse and your children. If you want your children from a prior marriage to receive certain assets or property, it is important to have a prenuptial agreement and estate plan in place before you get remarried. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can help you navigate the ways remarriage can impact your alimony, your child support, and your child custody plan.