Also known as: remarried · remarriage · subsequent marriage
Written by attorneys · grounded in primary & secondary sources — see below
To enter into a subsequent marriage after a prior marriage has been terminated by divorce, annulment, or the death of the spouse.
Rhea Reynolds divorced her husband and executed a new will that revoked an earlier bequest to him. After the divorce decree was nullified, Rhea remarried her former husband. The probate court revived the original bequest to the husband because the remarriage satisfied the statutory condition for reinstatement.
Regina Robinson received monthly maintenance payments from her former husband under a dissolution decree. When Regina remarried Ronald Reed, the former husband stopped the payments. The court confirmed that the remarriage terminated the obligation to pay future maintenance.
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Riley Rivera divorced her husband and later remarried him before his death. Upon his death, Riley claimed a surviving spouse share of the estate. The court recognized her as the surviving spouse because the subsequent marriage restored that status at the time of death.
Roger Ramirez obtained a dissolution decree that found the marriage irretrievably broken. While his wife appealed on other grounds, Roger remarried. The court held that the appeal did not delay finality of the dissolution, so the remarriage was valid.
Raphael Rivera died leaving a life estate to his widow with remainder to his grandchildren. The widow remarried and lived on the property for twenty years. The court treated the remarriage as ending any claim that would have terminated the remainder interests.
Ronald Reed and his wife could not afford the filing fees required to obtain a divorce in their state. They sought to remarry other partners but were barred by the existing marriage. The court held that the fee requirement unconstitutionally blocked access to the process that would permit remarriage.
Yes. Under the applicable rule, a testamentary provision revoked by dissolution of marriage is revived when the testator remarries the former spouse.
Remarriage of the recipient terminates the obligation to pay future maintenance unless the decree or a written agreement provides otherwise.
No. A decree of separation that does not terminate the marriage leaves the spouse eligible to inherit as a surviving spouse, unlike a divorce or annulment.
Yes. An appeal that does not challenge the finding that the marriage is irretrievably broken does not delay finality of the dissolution, allowing either party to remarry.
…reveal the date on which Mrs. Hague first moved to Red Wing. [^maj-27]: These proceedings began on May 28, 1976. Mrs. Hague was remarried on June 19, 1976. [^maj-28]: The dissent suggests that considering respondent’s postoccurrence change of residence as one of the Minnesota contacts will encourage forum shopping. Post , at…