In the 21st century, divorce and remarriage are commonplace. If you are contemplating a second (or subsequent) marriage and you have children from a previous marriage, combining two existing families into one new family will likely be a challenge. One thing that can get lost in the process is the need to review and update your estate plan. With that in mind, the Port St. Lucie attorneys at Kulas Crawford & Smith discuss why estate planning is crucial to protect your children when you remarry.
Estate Plan Considerations When You Remarry
Deciding to remarry after a divorce is a big decision, and one that should not be made lightly. It is also a decision that has far-reaching implications beyond the emotional impact of trying to create a blended family. Just a few of the practical, legal, and financial considerations involved in remarriage include:
- Pre-existing debts and assets. Often, the parties bring substantial debts and assets to a marriage when it is not the first marriage. Deciding ahead of time how those debts and assets will be handled once you are married is wise. For many couples, a pre-nuptial agreement is the best way to handle pre-existing debts and assets, so it is clear who owns assets and who is responsible for debts brought into the marriage.
- Financial obligations to children from a previous relationship. One or both of you may have financial obligations (monthly child support, paying for college, life insurance) to your children from a previous marriage as set forth in the terms of your divorce. Make sure you discuss these obligations to avoid future problems.
- Income and assets acquired during the marriage. If you do not intend for income earned and assets acquired during your marriage to be considered marital property, you should make that clear ahead of time and consider entering into a pre-nuptial agreement.
- Children’s inheritance. You may have specific assets that you wish to pass down to your existing children and/or you may want to ensure that those children are not left out of your estate when you pass away.
Remarriage and Your Children
When it comes to safeguarding an inheritance intended for children from a previous marriage, you must be proactive within your estate plan. Regardless of the trust you have in your new (or soon-to-be) spouse, leaving it to him/her to eventually pass down assets to your children long after you are gone is not the best plan. As such, the way in which you structured your estate plan during your first marriage will likely not work. Like many couples, you may have created reciprocal estate plans, counting on your surviving spouse to leave everything to your children. Now, you need to focus directly on making sure that your children receive the inheritance you intend for them.
Basic Questions About Estate Planning – What is a QTIP Trust?One way to accomplish this goal is by establishing a QTIP trust. A QTIP trust is a common tool used when estate planning for a blended family because it can provide for your current spouse while still protecting assets earmarked for your children from a previous relationship. Assets held in a QTIP trust are not directly owned or accessible by your spouse; however, your spouse will receive income from the trust and may have a life estate in the marital home. Your spouse may even be able to access additional funds if there is a legitimate emergency. The principal, however, remains out of the reach of your spouse because those assets are intended to be passed down to your children. As such, upon the death of your surviving spouse, the trust assets will pass down to your children.
Can We Help You with Your Estate Plan When You Remarry?
To learn more, please join us for an upcoming FREE seminar. If you would like assistance with your estate plan as you plan to remarry, please contact an experienced Port St. Lucie estate planning attorney at Kulas Crawford & Smith by calling (772) 398-0720 to schedule a consultation.
- What High-Net-Worth Families Should Know About Asset Protection in Florida - August 12, 2026
- Common Mistakes to Avoid during Florida Estate Administration - July 29, 2026
- 7 Estate Planning Mistakes to Avoid in Your Florida Estate Plan - July 15, 2026