22 Nov Remarriage after Divorce in South Carolina: Possible Repercussions
Becoming engaged and getting married to someone new after going through a divorce is a wonderful occasion. It marks a new beginning in the next chapter of your life. Unfortunately, remarriage after divorce may also have some repercussions on any orders entered by a family law court regarding your divorce decree. It is important to understand the potential impact of marrying again after divorce.
An End to Alimony
As we have discussed previously, South Carolina does allow for the family law court to award alimony, or spousal support, to the lower income earning spouse. There are three types of alimony available in South Carolina:
- Temporary Alimony: Available prior to the finalization of the divorce
- Rehabilitative Alimony: Enables the recipient time to acquire a job or education
- Permanent Alimony: Indefinite financial support to one spouse
The purpose of alimony is to enable a spouse to have financial independence following divorce proceedings from their ex-spouse. When a person gets remarried after divorce in South Carolina, however, any alimony payments that one ex-spouse is making to the other will be stopped immediately. This is due to the fact that the South Carolina law assumes that the new spouse holds the responsibility of providing for and supporting his or her new spouse, not the ex-spouse.
You should also be warned that marriage is not the only event that will trigger a termination of alimony in South Carolina. Cohabitating with a romantic partner for 90 or more days can also terminate alimony payments.
Support for the Children
Take note that alimony and child support are two very different legal concepts. Alimony is support for the spouse, while child support is support for the children. Remarriage after divorce should have no effect on the amount of child support that an ex-spouse has to pay. A parent always has an obligation to support their children, even if their ex-spouse has had a new marriage. This obligation is not reduced simply because a new non-biological parent is now in the picture and supporting the child.
Trouble for Child Custody Agreements
What a new marriage can affect for children though is the terms of the child custody agreement. Many ex-spouses who share child custody are often wary of new individuals in their children’s lives, especially ones that the children may be living with. It is very common for individuals who remarry to have trouble handling their ex-spouse’s reaction to the news. Many disgruntled parents use the marriage as leverage against the remarrying spouse, especially if the new spouse holds beliefs that differ from the ex-spouse. Many parents feel that new adults playing a significant role in their children’s lives will alienate their children from them or feel as if they have been replaced.
Remarriage After Divorce: Get Help From a Charleston, SC Family Law Attorney
Everyone’s family situation is unique. In order to best understand how a new marriage will affect your alimony payments or child custody agreement, you should consult with an experienced family law attorney. The attorneys at Klok Law Firm LLC located in Mt. Pleasant, SC have years of experience handling all matters of family law, from adoption to divorce.
Contact us today to schedule a consultation.