When You Remarry: What to Know About Spousal and Child Support in Virginia
Falling in love again after divorce can feel like a fresh start — but before saying “I do” again, it’s important to understand how remarriage affects your spousal and child support obligations under Virginia law.
Here’s what you should know before taking the next big step.
How Remarriage Affects Spousal Support
In most cases, spousal support ends automatically when the receiving spouse remarries.
This rule applies regardless of whether the support was court-ordered or agreed upon in a Marital Settlement Agreement (MSA) — unless the agreement specifically says otherwise.
However, remarriage does not automatically terminate support if:
The agreement or court order explicitly states support will continue despite remarriage, or
The remarriage occurred outside Virginia law (such as an unrecognized foreign marriage).
If you are the paying spouse, you should promptly notify the court and request termination of support once your former spouse remarries.
What About Cohabitation?
Even without remarriage, support may end if the recipient cohabits with another person in a relationship analogous to marriage for one year or more.
However, the burden is on the paying spouse to prove the relationship qualifies — which can involve evidence of shared residence, finances, or public representation as a couple.
If you suspect cohabitation affects support payments, consult your attorney before taking any unilateral action.
How Remarriage Affects Child Support
Remarriage does not automatically affect child support in Virginia. Child support is based on the parents’ incomes and legal support obligations, not their marital status, and a new spouse’s income is not included.
However, a court may consider whether remarriage or additional children result in a material change in financial circumstances that would justify a modification or deviation under Virginia law.
Estate and Financial Planning After Remarriage
Remarriage often means combining finances, assets, and families.
To avoid confusion later:
Update your will and beneficiary designations.
Review your retirement accounts and insurance policies.
Discuss premarital or postmarital agreements with your attorney to clarify expectations and protect children from prior marriages.
Proper planning helps prevent disputes and ensures your new family is financially secure.
Planning to Remarry? Protect Your Future Before You Say “I Do.”
Before remarrying, take time to review how existing court orders or agreements might be affected — and what legal updates you should make.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
We’ll help you protect your interests, understand your obligations, and start your next chapter on solid legal ground.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.
