What Should I Know about Remarrying after Divorce?


Marriage is a popular institution. Nearly 90 percent of people get married in their lifetime. Unfortunately, many of those unions do not last. When divorce happens, however, about 70 percent of people who have divorced end up remarrying. About half of those individuals remarry within five years of their divorce. For reasons that are highly debated but ultimately unclear, second marriages have a high failure rate. About one quarter of second marriages end within the first five years, while about 15 percent end in under three years.

These statistics beg the question: what does a person need to consider when contemplating remarrying after a divorce?

There are many family concerns and many legal concerns as well. Some of these topics are explored below.

Waiting Period

Some states have laws that require a divorced person to hold off on remarrying until a specified waiting period has expired after their divorce. Some states are more strict than others about enforcement of these laws, while some former couples’ divorce decrees include clauses that stipulate how long one former spouse or the other must wait before tying the knot again, with some disallowing remarriage at all in the future. The repercussions for going against these rules may negate the divorce agreement and cost the person who violates the contract the alimony or other condition that would otherwise be upheld by the divorce contract.

Financial Impacts

If the divorce agreement involves terms that are contingent on either former partner remaining unmarried, there can be significant financial implications to remarrying. Things such as alimony, child support, or inheritance conditions can affect financial support for you or your children now or in the future.

Prenuptial Agreements

Even if the divorce agreement gives no reason why a new couple should hold back on heading down the aisle, there may still be some baggage they should address before they proceed with the wedding plans. One thing a new couple might want to consider before jumping into a second marriage is a prenuptial agreement. Having been through a marriage that ended can leave one with a better understanding of what is at stake. Discussing and agreeing on an arrangement up front can leave both partners with an understanding that can create a good basis for a new marital arrangement.

Remarrying with Children

Having children can involve an extra layer of complications to a couple’s plans to remarry after a divorce. Any decision that is made will involve the family, not just the happy couple. The best advice is to take it slow to spare the children another abrupt transition after the trauma of their parents’ divorce. This consideration can set the stage for a healthy family set-up.

Fear of Failure

When considering remarrying after divorce, many people worry about going down the same path and ending up with a second failed marriage. Although this does happen, taking steps to consider specific pitfalls and sharing a sense of respect for each other from the start will certainly help.

Our Attorneys at the Law Office of Deborah M. Truscello Represent People Who are Considering Remarrying after Divorce

If you are considering remarrying in the wake if a recent divorce, or while in the process of divorcing, there are many things to keep in mind. The Media divorce lawyers at the Law Office of Deborah M. Truscello can help you make informed decisions about how to proceed with your plans, given the implications it may have on your divorce agreement. Learn more at a free consultation by filling out an online registration form or calling 610-892-4940. Our office is in Media, Pennsylvania. We represent clients in Media, Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, West Chester, and throughout Pennsylvania.