The laws and regulations that govern our life are staggeringly complex. No one, not even an attorney, can know them all. But, like it or not, your marriage is subject to a myriad of rules and restrictions imposed upon it by the jurisdiction(s) in which you live, beginning with whether you “qualify” to be legally married and culminating with what happens to your property when you die. That’s the bad news. The good news is that, for the most part, you’re able to write your own rules to fit your unique situation IF you do it right.
Every business partnership worth its salt has an operating agreement that dictates the partners’ rights and obligations and what happens if a partner leaves or the partnership is dissolved. It’s a good idea to plan for such contingencies when everyone is getting along. The same applies to your remarriage. The last thing you want is for you, your spouse, and/or your heirs to be stuck in a quagmire of legal wrangling where those who benefit most are the lawyers. The time to hammer out thorny legal, financial, and estate issues is when you’re clear-headed and can think both generously and realistically.
