Getting Remarried: Top Five Legal Matters to Consider

For a person who’s been through a divorce or the death of a spouse, getting remarried is a joyful time. In a perfect world (which the death or divorce has already disproved), nothing negative would need to be anticipated for the participants in this new union. However, word to the wise: planning for death and divorce is more important than ever in the second marriage.

 Here are some thoughts for planning the estate at the time of a second marriage.

1. Consider a prenup.

Anytime there is some wealth or there were children from a previous marriage, there should be a prenuptial agreement. Granted, there are successful second marriages and blended families without a prenuptial agreement, but the prenup will specify what happens to each of the spouse’s assets that they:

• Bring into the marriage
• Earn or save during the marriage
• Jointly invest in

Having the prenup can save a lot of trouble later if there is a death or divorce.

Second marriages where there are no prior children and there is not a big wealth disparity may not require a prenuptial agreement.

2. Write an updated will.

Early in a second marriage most couples do not leave everything to the spouse. Oftentimes in second marriages, the children are still waiting to launch. Each spouse feels protective of their children during the vulnerable first 25 years and should write their wills accordingly.

If the plan ultimately becomes to benefit each other, the couple should revise their plan again at the right time.

3. Update power of attorney and healthcare proxy.

This can be done even before the second marriage as the couple realizes that they have more in sync with each other than they do with other family members. Unless you specify who has the power to act on your behalf, there are likely to be doubts and conflicts.

4. Discuss philosophies on spending and saving.

Discuss philosophies on spending and saving which are crucial to harmony. How people spend their free time and how they spend their money are fundamentals to compatibility. Financial planning is in order.

5. Maintain the requirements of the prior divorce.

Maintain the requirements of the prior divorce, if any, such as carrying life insurance, is a necessity. Failing to do so allows the ex-spouse to make a claim against the estate if there is a death.

Couples in second marriages are some of the best prepared people I know. They’ve thought through family and money matters and have learned from mistakes the first time around. Surprisingly, there are others who have divorced and don’t update their estate plan when getting remarried. This rarely turns out well. Make the effort to update your plan when getting married for the second time. You’ll be grateful that you did.

Getting remarried? We can help. Schedule 15 minutes with one of our paralegals to discuss your plans.