Your Guide to Surviving a Second Divorce

Not all marriages work out, and second marriages are no different. Just because you may have avoided some of the perceived mistakes made during your first marriage is no guarantee your second marriage will be successful. Some research suggests that second, third, and subsequent marriages are more likely to end in divorce than first marriages.

In some ways, a second divorce may seem easier. You have already been through the process once and know what to expect. Conversely, you may find a second divorce to be more difficult emotionally. In any event, second divorces present unique challenges you should be prepared to meet.

Challenges Present in Second Divorces

The same issues that needed to be resolved in your first divorce will be present again in your second divorce. The court will still need to divide marital assets fairly and equitably, and if you and your second spouse have children together, child custody and visitation will also need to be decided.

Some issues, though, are more complicated to resolve in a second divorce.

Division of Marital Assets

Division of marital assets may be more complicated due to your age and the age of your second spouse. If your second divorce happens later in life, the value of your or your spouse’s retirement accounts and other assets may be greater. This can require detailed valuation before the division of the marital estate.

In addition, it may be more challenging to identify the marital estate from your second marriage since some of your property is likely to have been acquired after your first marriage. A fair and equitable distribution of the marital estate in your second marriage requires a proper accounting of what was acquired during the marriage and what is separate property.

Spousal Support and Child Support

If you had been ordered to pay child support after your first divorce, this obligation could impact any order to pay alimony or child support after your second marriage. Obligations from your first marriage will reduce the income you have available to pay new obligations.

For example, the court will order spousal support when it is financially necessary for one spouse and when the other spouse has the financial ability to pay. But if your income is tied up with other obligations from your first divorce, your available income is to pay additional spousal support obligations.

The same holds true for child support obligations. If you and your second spouse had children and those children reside primarily with your second spouse, then you will have a duty to support them financially. However, that obligation will be lowered somewhat by any preexisting child support obligation.

Surviving a Second Divorce with Experienced Legal Help

At Gucciardo Family Law, we can help you navigate the complexities and challenges of a second divorce with our decades of divorce law experience. We will work to ensure the property division and child custody orders are fair. We will also fight to guarantee any alimony or child support orders are calculated appropriately.

Reach out to our office today and request your case evaluation.