Remarrying Someone You’ve Already Divorced

Deciding to remarry after a divorce is a big decision. Considering that divorce rates go up after the first marriage, remarrying merits thoughtful consideration. What if you want to remarry the person you already divorced, however? Remarriage, in this case, is still a big decision with different legal factors to consider.

Are You Allowed to Remarry an Ex-Spouse?

The state of North Carolina will allow you to remarry your ex-spouse as long as you can both prove you're single at the time of marriage. You will have to get another marriage license, even if you're marrying the same person. To get a marriage license after a divorce, you'll have to show your final divorce papers.

What Happens to Alimony if You Remarry Your Ex-Spouse?

North Carolina divides assets up 50/50 between divorcing couples. However, a high-earning spouse may be ordered to pay alimony or spousal support to a dependent spouse. This alimony can continue for as long as necessary for the dependent spouse to acquire the funds they need to be self-sufficient. Alimony also ends when the dependent spouse remarries. If you are making alimony payments and you remarry your ex-spouse, those spousal support payments will stop.

Should You Get a Prenuptial Agreement for a Remarriage?

If you didn't have a prenuptial or postnuptial agreement from your first marriage, it might be wise to get one for your second marriage, especially to the same person. As with all prenups, consider your family and financial situation when deciding how to comingle your assets with your future (and former) spouse. A prenuptial or postnuptial agreement in this case will be complex. A qualified attorney can help you draw up the agreement and protect your interests.

What Happens to Child Custody if You Remarry Your Ex-Spouse?

Whether your custody and child support arrangement changes upon remarriage to your ex-spouse will depend on the language in your custody order and divorce decree. Note that remarriage doesn't automatically stop child support payments or alter a custody order unless your divorce decree contains provisions regarding the children upon remarriage of the two parties. For questions about custody and child support, have an attorney review your divorce papers. In this situation, a prenuptial agreement would also be a good idea.

Experienced North Carolina Family Law Attorneys

The legal issues involved in remarrying someone you've already divorced are complex. If you still have questions about remarrying your ex-spouse, contact the skilled attorneys at Caulder & Valentine. We're here to protect your best interests. Contact us today for a consultation.