PLEASE NOTE: We are still open and operational! To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. click here for Covid 19 updates
Laura Dale & Associates, P.C.

What complications are possible with '2nd time around' couples?

Love is lovelier the second time around. So Frank Sinatra sang. Many in Texas would likely agree with the sentiment. Considering how much longer we all are living these days it also serves as a particularly hopeful statement about the chances of enjoying happiness with a significant other, no matter how old we are.

Instances of walking down the aisle for a second time are quite common. According to the U.S. Census Bureau, about 20 percent of all weddings occur these days between people who are marrying again. However, some challenging legal questions around property division can develop should the marriage not work or if one spouse should die.

When a couple is first starting out, questions about who owns what and who gets what in the event of death or divorce might not be difficult to sort out. But things may be different if the couple is older and entering into a nuptial contract a second or third time. If children from a previous marriage are in the picture, that's something that likely will need to be addressed. So here are some of nuggets of advice that we think many experts would agree could be useful to those looking for late-life harmony.

  • Be forthright about finances. Failing to have important discussions about what, if anything, is handed on to whom can leave decisions in the hands of the state. That might not reflect everyone's best interests or desires.
  • Get a prenuptial agreement. This can be a particularly awkward issue for older partners. Such things were just not part of the equation in the good old days, but ought to be now to mitigate risk.
  • Draft a will. If you each already have wills, update them to reflect your new status and plans. Otherwise, the state could weigh in and decide something counter to expectations.
  • Check out the effects on Social Security. Depending on your age when you marry for the second time, you could lose survivors benefits you may be enjoying courtesy of your previous spouse. Remarriage could also reduce alimony or pension payments from a past spouse.

Perhaps it's worth asking if you should live together instead of marrying. The point is to ask the questions sooner rather than later. True happiness may depend on the answers.

No Comments

Leave a comment
Comment Information
  • Board Certified
  • IAFL
  • Super Lawyers 2019
  • Best Lawyers
  • Avvo Rating
  • Avvo Rating
  • Avvo Client Choice 2014
  • Avvo Client Choice 2014
  • Best Law Firms Badge
  • Laura Dale
  • Texas Bar Today Top Ten Badge

Contact Our Experienced Team Today

Se Habla Español | Nous Parlons Français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Laura Dale & Associates, P.C.
email us for a response

1800 Saint James Place
Suite 620
Houston, TX 77056

Phone: 713-574-7952
Fax: 713-600-1718
Houston Law Office Map

Review Us