Key Takeaways:

A divorce decree is final, for that marriage only.
Remarrying the same person does not automatically void the first decree.
Whether prior divorce terms still apply depends on the issue, especially spousal support.
Each remarriage creates new legal exposure.

Divorce is final. It irrevocably ends a relationship, at least in a legal sense. A divorce decree signifies this.

In reality, divorce doesn’t always snuff out feelings and connections between a couple. It might surprise you how often people divorce only to remarry the same person.

It’s also probably not a surprise that these unions sometimes end in divorce.

A question that comes up in these situations is: How does this impact your divorce settlement? Can you simply reuse a divorce decree from an earlier marriage? What if little has changed? Do the same terms still apply? Is that agreement null and void?

When you end a marriage, the divorce decree sums up the settlement. It establishes who gets what, which party is responsible for what debts, details custody arrangements, spousal support, and all the other details. So, it’s an important document.

But what happens if you marry and divorce the same person a second time? (Fun fact: In Kentucky, it’s illegal to marry the same person four times. Three is just fine, though.)

One of our founding partners makes regular radio appearances. On the airwaves, he answers family law questions from listeners. A recent caller found herself in this predicament and wants to know her options.

Listen to the Call Below:

Caller: “I married my ex-husband and remarried him after we were divorced. He thinks that our first divorce decree settlement is null and void because I married him twice and then we got divorced a second time. Is that true? I don’t see what one marriage has to do with another one.”

Rick: “I don’t have a yes or no on this one because it depends on the terms. Let’s say that ten years down the road, you get divorced again, whether or not the terms of that first one really were merited or fair.

“I’m going to give you an example. Spousal support, if that was an issue. If you’re divorced after, let’s say, four years. The court’s going to look at that and say, ‘That’s a relatively short-term marriage. Our goal isn’t to provide a significant amount of spousal support. It’s designed to recognize a short-term marriage.’

“But then let’s say you’re now divorced, and you shack up again a year later, live together for three years, and then married another ten. The court very well could go back and look at that and say the math, it’s now an 18-year consistent relationship.

“So, it is possible that a court looks at that. That being said, if you really did dispose of issues in a fair way in that first divorce, that is likely to be the bright line that she’s hoping it is.”

Related Reading: How do You Get a Divorce in California?