Remarrying always brings some legal issues to the table, and this is no different if you are a little bit older. In fact, remarrying at an older age has some legal aspects that you might not need to think of if you were still in your thirties. Illinois Bar Journal did an article about divorce and remarrying after 45, and the increased need for a prenuptial agreement was also covered in the article.
Many couples who remarry at an older age discover that their new marriage has financial consequences both for them and their children from prior marriages. Ensuring that your surviving spouse and your children will be taken care of if something were to happen to you is one of the big issues when you remarry after your 40s. With the help of a skilled divorce attorney, you can make sure these matters will not be a problem.
In Illinois, a surviving spouse is entitled to a hundred percent of the deceased spouse’s assets if there are no descendants or a will. If the deceased had children, the spouse will get half of the probate estate, and the other half will go to the descendants. If there is no contract to the contrary, in a divorce, the spouse may have the right to an equitable share of the property and/or maintenance (former alimony). The way to guarantee that there will be no unpleasant surprises for your children is to draft a premarital agreement when remarrying.
A premarital agreement will allow you to determine how much of your estate goes to your spouse in case of divorce or death. Many people don’t realize that, for example, in a large number of retirement plans, the account will be transferred to the surviving spouse if the participant dies. This means that your children will not get even a share of your retirement account. If you are remarrying, and you are not exactly young anymore, you should get a premarital agreement ensure a fair division of your property.
Divorce proceedings and premarital agreements work the same way for younger and older people in the sense that regardless of your age, you should take care of these issues with the help of a qualified divorce attorney. If you are going through a divorce or planning on filing for one, get the help of an experienced Illinois divorce attorney. If you need legal help with your divorce or premarital agreement, contact our offices.