If you get divorced in Nebraska, you must wait six months after your divorce is final before you can re-marry. If you are contemplating getting married after divorce, you may have some questions about what will happen. Below are answers to common questions about remarriage after divorce:
- Does remarriage affect child support?
No. When calculating child support, only your income and your former spouse’s income is considered. Your new spouse’s income is not factored into the equation. In other words, you will not have to recalculate support based on your new spouse’s income.
- If I have children with my new spouse, will that affect my child support?
Maybe. The Nebraska Child Support Guidelines recognize that parents may have children in their subsequent marriage and that having additional children impacts the family’s finances. One of the intentions behind this is to treat children equally. If you have subsequent children and want to see whether your child support calculation from your divorce decree should be modified, contact your Koenig│Dunne attorneys.
- Does remarriage affect alimony?
It might. Your decree may include a provision similar to the following:
“Alimony shall terminate upon the death of either, the remarriage of Plaintiff/Defendant [recipient of alimony], or the expiration of the term of alimony, whichever occurs first.”
In this case, if you receive alimony and you remarry, the alimony you receive will terminate. If you pay alimony and your former spouse remarries, the obligation will terminate if your former spouse’s gets re-married.
Note: you and your soon-to-be former spouse may agree that alimony will terminate for reasons other than those stated above. Nebraska law states that alimony shall terminate upon the death of either party or the remarriage of the recipient, unless the parties agree otherwise (or the court orders otherwise).
- Will stepparents have the right to be involved in parenting decisions affecting our children?
No. Parenting decisions should remain between you and your former spouse, unless you agree otherwise. You may consider adding a provision in your parenting plan regarding what happens if either you or your former spouse remarries. You may also re-mediate your parenting plan if it has become unworkable after you or your former spouse remarries. Re-mediation will only be between the parents of the minor child affected; stepparents should not be present at mediation.
- Is remarriage grounds for modification of custody?
Maybe. If you or your former spouse wish to modify custody, the parent asking for the modification must show that a material change in circumstances has occurred and that it is in your child(ren)’s best interests that custody be modified.
Remarriage can affect provisions of your divorce decree from your prior marriage. To learn more about your rights and options if you or your former spouse remarries, contact your Koenig│Dunne family law attorneys for a consultation.
