Divorce: What to Consider Before You Remarry~ 3 min read
If you have gone through a divorce, before you remarry, you should take time to evaluate how a new relationship could affect your children, financial obligations, and legal rights. Conversations about debt, assets, and future responsibilities are not only practical, they are a necessity. A prenuptial agreement or consultation with a lawyer can help protect everyone involved.
Put Your Children First
If you have children from your previous marriage, their needs should remain a top priority. This includes making sure you have the resources to support them if your situation changes. You may want your assets to go to your children if something happens to you. That may require a prenuptial agreement, trust, or an updated estate plan. Without something in place, your new spouse could have a legal claim to your property that you intended to go to your children. You should also review any remaining ties to your former spouse, such as shared ownership or insurance policies.
Review Your Financial Obligations
Remarrying can affect real estate, retirement accounts, insurance plans, and court-ordered support. If your former spouse is still listed as a beneficiary on a 401(k) or pension, you may need to update those records. Many plans require written consent from a new spouse to make changes. If your agreement with your former spouse requires that they remain a beneficiary of your retirement plan, your new spouse may be required to consent. If you still own real estate with your former spouse, your new spouse may be required to sign off on paperwork. If they refuse to sign off on these items, this could create problems for you with your former spouse. If you are paying or receiving child support or spousal support, a new marriage may impact those obligations. It is important to speak with your attorney about how remarriage could affect your financial future.
Talk Openly with Your New Partner
Before you start a new chapter, talk through everything that might carry over from your previous marriage. Let your future spouse know if you have ongoing debts, shared assets, or child-related responsibilities. Discuss what will happen if one of you stops working or takes on care-giving duties. These choices can affect support arrangements and long-term planning. Honest conversations now can help avoid misunderstandings later.
Consider a Prenuptial Agreement
A prenuptial agreement can help both of you feel more secure. It allows you to clarify expectations, address concerns, and protect your children and your assets. Many people entering a second marriage want to avoid the emotional and financial strain they experienced before. A prenup is one way to start your new life with open communication and shared understanding.
Contact Family Ally
If you are planning to remarry, it is a good time to pause and look at the bigger picture. At Family Ally, we can help you review your current obligations and prepare for what comes next. Whether you need guidance on a prenuptial agreement or just want to talk through your concerns, we are here to help. Contact Jennifer Piper at 314-449-9800 to schedule a consultation.
Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.
Jennifer R. Piper attended the University of Missouri-Columbia where she earned a B.A. in political science, she then went on to receive her law degree from Saint Louis University School of Law.
As an attorney, Jennifer has been distinguished by Missouri Lawyers Weekly as a Rising Star, Up and Coming Lawyer; she has been named to The Best Lawyers in America® 2017-2023 in the practice area of Family Law. Ms. Piper also recently received a Woman’s Justice Award from Missouri Lawyers Weekly in 2019 and recognized by Missouri Super Lawyers for 2021-2023.
Bar Admissions
Missouri, 2001
U.S. District Court Eastern District of Missouri, 2001
Illinois, 2002 (currently inactive)