Does a former spouse's remarriage prevent a later financial settlement claim?

[Bedroomdilemmas113]

Can anyone tell me categorically (ie can a lawyer answer this) - does a former spouse remarrying mean he cannot apply for financial settlement?

For context, head has been buried in sand for well over a decade. Divorce, no clean break order. Had less than nothing during the marriage and nothing any time soon after. No CSA paid, no nothing. Had no pensions, had nothing at all during the marriage (either party, other than he had a small military pension). This is why I didn’t pursue one, there seemed no need. Short marriage - 2.5 years.

In the many years since, money has accumulated at my end. No idea about his end. Haven’t wanted to alert him to the possibility by applying for one (multiple affairs, morals of an alley cat, would not put it past him to try to claim anything he could despite it being morally bankrupt to do so).

Head has been in the sand, until I read something which states remarriage actually ends the ability to bring a claim against future wealth. It appears from what I’ve read to be true and if so I’ve worried for years about nothing.

Can anyone who is actually a lawyer confirm if this is the case?

Pretty much yeah, it’s known as the remarriage trap.

If they have remarried they are usually barred from making any financial claims later, there are some exceptions for example claims regarding children or any pre-existing financial claims but in terms of totally new financial claims if he had remarried then he cannot make a new claim.

Only the person who is remarried is prevented from making a claim.

Thanks so much.

Yes, he remarried (as did I).

It is slightly more complicated than the previous posters have said.

If you applied for the divorce then yes, his remarriage prevents him making any financial claims against you. However, if he applied for the divorce and ticked the box saying he wanted to apply for a financial order, he is still able to make a claim notwithstanding the fact that he has remarried. Of course, even if he is able to bring a claim that doesn't mean he would succeed.

Get your financial order in place now, as soon as you can. See a solicitor and get it done to protect yourself as if you don’t trust him it’s not worth any risk

If OP divorced her husband, there is no need. He cannot now make any claims against her.

I divorced him.

I remarried and then he remarried. He’s then since also divorced. We haven’t had contact in many years and don’t live in the same area.

Neither of us ticked any boxes about financial claims (as far as I remember) - we genuinely had less than nothing between us (young, no assets, and he owes me 18 years of CSA never mind me owing him anything, but that’s another story!).

To the other poster - if I was to apply for a financial order now, it would alert him to there being a reason for it, which is why I haven’t.

I divorced him.

In that case he definitely can't make any financial claims against you.

Thank you so much. I really appreciate your response, I can’t believe I have spent all these years (almost 2 decades!) worrying about something that couldn’t happen anyway.

No