How Remarriage Can Affect Your Divorce in Washington
Dec. 19, 2022
Remarrying following a divorce can raise several questions. In particular, questions about how remarriage can affect a divorce agreement may become a serious consideration. It is vital to take the correct steps, especially if there are children involved, to avoid any future challenges that may rise.
If you are considering another marriage or your ex has remarried, discover your options by talking with Curiale Hostnik PLLC. Our team has the resources, practice, and knowledge to help you make informed decisions for a bright future with your family. We proudly serve clients in Tacoma and cities throughout Pierce County, including Puyallup, Gig Harbor, University Place, and Lakewood, Washington.
How Remarriage Impacts Alimony in Washington
Alimony is a court-ordered support payment one spouse pays to another. This payment intends to support one spouse so they are not left broke following a divorce. Please note that alimony may be temporary in some instances. However, the length of alimony payments depends on the duration of the marriage. In short marriages (typically less than five years), the court may order temporary alimony payments.
In longer marriages, particularly when one of the spouses has custody of minor children and may be unable to hold a full-time job, the court may order long-term alimony. In this situation, we can see two scenarios:
Alimony payments end when the recipient remarries or enters a new domestic partnership (living with someone).
Alimony payments continue even if the responsible party remarries. Please note that both the recipient and responsible party may request a revision of alimony payment amounts.
Parties responsible for alimony payments must ensure they can continue to meet this obligation following remarriage. Falling behind on payments can lead the recipient to file a complaint leading to legal consequences such as salary attachment.
How Remarriage Impacts Child Support in Washington
In Tacoma, Washington, and neighboring areas (cities throughout Pierce County including Puyallup, Gig Harbor, University Place, and Lakewood), remarriage impacts child support in the following ways:
If the custodial parent remarries, the non-custodial party can request a revision of the child support amount. This revision is based on the new spouse covering some of the child’s living expenses. However, the non-custodial parent would most likely continue paying child support until the child emancipates.
Child support payments can end if a new spouse adopts the child.
Please bear in mind that child support intends to provide for minor or dependent children’s needs. Therefore, the court will always have children’s best interests in mind. As a result, custodial or non-custodial parents should expect the court to assign a child support payment amount based on financial situations and children’s specific needs.
How Remarriage Impacts Child Custody in Washington
In general, remarriage does not directly impact child custody in Washington. However, there may be circumstances where remarriage may impact custody.
The non-custodial parent can allege that the custodial parent’s new spouse is unfit to be a parent. As a result, the non-custodial parent can request their child not live in the same household.
The non-custodial parent can request a revision of the custody agreement when the custodial parent’s remarriage involves moving the child out of state or abroad.
The custodial parent can allege that the non-custodial parent’s remarriage may prevent them from fulfilling custodial obligations (i.e., visitation rights). Consequently, the custodial parent may request a revision of the child custody agreement, including full custody rights.
The custodial parent may request a revision of the custody agreement based on the non-custodial parent’s inability to fulfill child support payments as a result of their remarriage.
Please note that custody proceedings can become a complicated situation. That is why the help of an experienced, professional family law attorney is highly recommended.
Discover Your Options Today
Hiring a family law attorney is extremely important when planning to remarry following a divorce. A professional family law attorney can go through the circumstances outlining options and consequences.
Above all, finding a knowledgeable family law or divorce that fights for their clients’ rights is a must. Please bear in mind that great family law attorney is willing to put themselves in their client’s shoes. An empathetic divorce attorney is willing to go the extra mile to protect their clients’ best interests.
At Curiale Hostnik PLLC, we fight for our client’s rights. We always put ourselves in our client’s shoes. Only then can we truly walk the extra mile for our clients. We know what it takes to get a fair divorce agreement. Above all, we value children’s rights and needs.
Call today to speak with an experienced family law attorney in Washington. Get the right advice about remarrying following a divorce today.