Tag: second marriage

Remarriage and Prenuptial Agreements

A recent Pew Research Center report about divorce in the United States is showing that most adults who have divorced have gone on to remarry. Remarriage to future spouses, adult children and blended families raise interesting issues about the need for prenuptial agreements.

Remarriage prenup Research

Pew Research Study

The Pew researchers report that in 2023, over 1.8 million Americans divorced. Additionally, a third of Americans who have ever been married have also experienced divorce. While divorce has been declining in the US since the early 1980s, divorce still shapes a large part of U.S. culture.

One reason the divorce rate declined has to do with who is most likely to get married these days. Over time, the married population has shifted toward adults with higher levels of education. Adults with more education are less likely to divorce, and these shifts have driven down the divorce rate. People with lower levels of education have become less likely to marry. However, there is not a strong link between education and remarriage among Americans who have divorced.

A big exception to this is the gray divorce. In 1990, the divorce rate was 3.9 divorces per 1,000 married women ages 50 and older. By 2008, the divorce rate for this group had risen to 11.0. This stayed relatively stable through 2023, when the divorce rate among older adults was 10.3. In contrast, the divorce rate for those ages 15 to 49 remained stable from 1990 to 2008 and fell between 2008 and 2023.

Roughly two-thirds of Americans who have divorced have gone on to remarry. Divorced men are slightly more likely than women to remarry (68% vs. 64%).

For those who do remarry, the economic benefits can greatly outweigh the single life. Pew found that the median household wealth, or net worth, of divorced working adults was $98,700 in 2023, while those in their first marriage had a median household wealth of $326,900. Remarried people had a slightly higher net worth of $329,100, Pew researchers found. That is where prenuptial agreements can be helpful.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are about more than just resolving uncertainty in a second or third marriage.

A prenuptial agreement (or “prenup” for short) is a contract between people intending to marry. A prenup determines spousal rights when the marriage ends by death or divorce. This can be especially important in second marriages.

If you divorce without a prenup, your property rights are determined under state law, and a spouse may have a claim to alimony while the suit for divorce is pending and after entry of a judgment.

Prospective second spouses may limit or expand state laws by an agreement. Prenups are also used to protect the interests of children from a prior marriage, and to avoid a contested divorce. Prenups can be a reliable guide for anyone contemplating remarriage after divorce.

More Research

Previous research has shown that men are more likely to remarry than women, but estimates of remarriage typically look at both widowed and divorced adults. Because widows are less likely than divorced adults to remarry and women are much more likely than men to be widowed, previously married women are less likely to remarry than men. The gender difference isn’t as large when looking only at divorced women and men.

Some divorced adults who have not remarried live with an unmarried (or cohabiting) partner. In 2023, 15% of divorced women and 19% of divorced men lived with an unmarried partner. The researchers at Pew also discovered that divorced adults have lower household incomes and less wealth than married adults. Perhaps this drives people to remarry.

Working-age adults who are currently divorced also have less median household wealth ($98,700) than those in their first marriage ($326,900) and those who are remarried ($329,100). However, divorced adults have more household wealth than never-married adults ($98,700 vs. $32,600).

The CBS News article is here.

Prenups and Remarriage

Thinking of remarrying? If so, there are a few precautions your must take to make sure your next marriage is successful, and that your finances and children are protected. This can include financial counseling, reviewing important documents and preparing prenuptial and postnuptial agreements.

prenup for remarriage

First Steps

You have concerns before you get remarried, and those concerns can grow into relationship problems unless you sit down with your spouse or future spouse and talk about finances.

As U.S. News and World Report writes, you should start with a simple discussion about your assets and liabilities. Couples also need to discuss their financial goals.

Do we have separate accounts, or do we co-mingle?

Do we get a new home, or do I keep the home I have, and you keep the home you have?”

There are a lot of personal and financial decisions that need to be discussed before the wedding party.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are about more than just resolving uncertainty in a marriage.

Any couple who brings any personal or business assets to the union can benefit from one. They are also important to have in place before a couple starts investing in businesses, properties and other investments.

A prenuptial agreement (or “prenup” for short) is a contract between people intending to marry. A prenup determines spousal rights when the marriage ends by death or divorce. This can be especially important in second marriages.

If you divorce without a prenup, your property rights are determined under state law, and a spouse may have a claim to alimony while the suit for divorce is pending and after entry of a judgment.

Without a prenup, if your spouse dies, you will have statutory rights under state law to a share of your deceased spouse’s estate and may also have a right to lump sum death benefits, or a survivor annuity under a retirement plan.

That’s where prenups come in. Prospective spouses may limit or expand these rights by an agreement. Prenups are also used to protect the interests of children from a prior marriage, and to avoid a contested divorce. Prenups can be very worthwhile provided they’re done right.”

The most basic of prenups should list an inventory of premarital assets that would stay with the original owner in case of a divorce. Florida has both case law and a statute to help lawyers, judges and the parties determine if a prenuptial agreement is enforceable.

Final Plans

U.S. News and World Report makes several other suggestions which make sense.

Make sure your estate plan is up to date. You need to be extra cautious if you have children from a previous marriage. You want things to work out with your current spouse and also make sure your kids are not disinherited.

Update your will. Your will and beneficiary designations need to be updated for many major life events, including the birth of a child, death of a family member, marriage, divorce and remarriage.

Review all your documentation. If you are entering your second or third marriage, you may need to make significant changes to your estate plan, beneficiary designations and even your emergency contacts.

Make sure that all the documents you leave behind clearly spell out your wishes. Take the time to do proper estate planning, because a prenup may say one thing and the estate plan may say something different.

If they don’t realize it, at death there could be a problem if [the estate plan and the prenup] are not consistent in their goals.

The U.S. News and World Report article is here.