How to Handle Your Former Spouse’s Remarriage in Illinois

 Posted on June 16, 2021 in Divorce

If you have recently been through a divorce, you may be excited about the possibility of finding someone new to spend the rest of your life with. However, the thought of your former spouse doing the same may not be nearly as appealing. An ex’s remarriage can be difficult to deal with on a personal level, and it can also sometimes have legal implications when it comes to the terms of your divorce resolution. You should think carefully about how you handle this situation to avoid creating a hostile environment for everyone involved.

Emotionally Coping With Your Ex’s Remarriage

Whether it happens soon after divorce or several years later, news of your former spouse’s remarriage can reopen old wounds caused by the failure of your relationship, especially if you have not yet found a new partner yourself. It can be easy to let your emotions get the better of you and react irrationally, perhaps by lashing out at your ex, complaining about them to your friends and family and on social media, or even trying to sabotage their new relationship. If you are not careful, your behavior could cross into the realm of stalking or harassment, and you could be subject to criminal charges or an order of protection. Rather than giving in to your destructive urges, try talking to a therapist or trusted friend and focusing on your own work, hobbies, or relationships.

Effects on Spousal Maintenance

If your former spouse has been ordered to pay you maintenance after the divorce, you may find that they start to shirk their obligations after their remarriage. Getting remarried is not a valid reason to stop making payments, and if you cannot resolve your spouse’s nonpayment on your own, you have the right to petition the court for enforcement of the spousal support order. On the other hand, if you have been paying spousal support and you find out that your former spouse has remarried, you do have the right to stop making payments, and you should work with the court to terminate the maintenance order.

Effects on Parenting Time and Responsibilities

A parent’s remarriage does not necessarily require a modification of the parenting plan, but there are situations in which changes could be warranted. For example, if your ex intends to relocate to move in with a new partner, they may need to get your permission or petition the court for approval in order to relocate with your children, and you will likely need to update your parenting time schedule as well. If you have legitimate reasons to believe that your ex’s new partner could cause harm to your children’s physical or mental health, you may also need to seriously consider petitioning the court for parenting time conditions or restrictions.

Contact a Will County Family Law Attorney

At The Foray Firm, we understand that your ex’s remarriage may be hard on you. We will help you understand any legal ramifications and take any necessary actions regarding child custody and spousal support. For legal assistance and representation, contact our Joliet, IL family lawyers today at 312-702-1293.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm