Attorney
In the 1993 classic Jurassic Park, chaos theorist Dr. Ian Malcolm (portrayed by Jeff Goldblum) famously explains the butterfly effect, the idea that small changes can lead to significant and unpredictable consequences. Just as a butterfly flapping its wings in one part of the world can contribute to a hurricane in another, remarriage can set off a chain reaction that dramatically alters your financial forecast.
For business owners, professionals, and other high-net-worth individuals in Albuquerque, understanding these financial repercussions—particularly in terms of alimony and community property—is crucial before taking that next walk down the aisle.
Alimony: When One “I Do” Ends Another Financial Obligation
Spousal support, which is commonly known as alimony, is money one former partner pays to the other post-divorce. The funds are intended to provide the receiving spouse the financial support they need to maintain or improve his or her quality of life. But these payments can also be used as a way to equalize the division of assets if one partner is walking away with high-value but illiquid assets like a business or a particular piece of real estate they did not want to sell off.
No matter why the spousal support was awarded, the recipient of such funds should be prepared for them to stop flowing if he or she gets remarried. Unless a different arrangement was explicitly written into the divorce agreement, remarriage is generally viewed as a material and substantial change in circumstances that ends the obligation of support.
It is important to note that anyone who pays spousal support should not unilaterally decide to stop paying just because their former partner gets remarried. A court must okay any modification to such payments.
Community Property: A New Marital Estate, A New Financial Reality
New Mexico is a community property state, meaning that assets and debts acquired during a marriage are considered jointly owned. So remarrying doesn’t just change your personal life, it alters the way your wealth is structured.
Let’s say you own a business and decide to remarry. Without proper legal planning, any income your business generates after the marriage may be considered community property. This means that if your new marriage were to end in divorce, your spouse could have a claim to a portion of your business assets—even if they never contributed to its growth.
Moreover, if you and your new spouse decide to purchase property or invest in additional ventures together, those assets will be assumed to be jointly owned community property, no matter who signs on the dotted line.
Serving Families with Dignity & Compassion
Like the scientists in Jurassic Park, we often believe we can predict and control complex systems. But as Dr. Malcolm warns, “Life finds a way.” When it comes to remarriage, the financial butterfly effect is real—but with the right planning, you can ensure that your next chapter is one of stability and success, rather than chaos and unintended consequences. Please contact Matteucci Family Law today to set up a meeting and discuss your case.