Remarrying after divorce is a fresh start, but many worry whether an ex-wife can still make financial claims. This is a common concern, especially if you’re building new assets or starting a family. The answer depends on what was agreed or ordered during your divorce, and whether all financial matters were settled.

The Legal Position: Remarriage and Financial Claims

Under the Matrimonial Causes Act 1973, financial claims between ex-spouses can continue after divorce unless a final financial order—often called a “clean break”—was made. A clean break order severs all financial ties, preventing future claims for maintenance, lump sums, property, or pensions. If you don’t have a clean break, your ex-wife may still be able to apply for financial provision, even after you remarry.

When Can an Ex-Wife Make a Claim?
No Clean Break Order: If your divorce ended without a clean break order, your ex-wife can apply for financial provision, such as maintenance or a lump sum, unless she has remarried herself. Remarriage by the applicant (your ex-wife) usually bars her from making new claims for spousal maintenance, but not always for child maintenance.

Ongoing Spousal Maintenance: If you’re paying spousal maintenance, this obligation continues unless the order says it ends on your remarriage or another event. Your ex-wife can apply to vary the amount if your financial circumstances change.

Child Maintenance: Remarriage does not affect child maintenance obligations. You must continue to support your children, regardless of your marital status.
Deferred Assets: If pensions or other assets were not dealt with at the time of divorce, your ex-wife may be able to apply for a share, unless a clean break order was made.

Common Mistakes and Pitfalls
Assuming Divorce Ends All Claims: Many believe that once the decree absolute is granted, all financial ties are cut. This is not true unless a clean break order is in place.

Not Securing a Clean Break: Failing to obtain a clean break order leaves the door open for future claims, even years later.

Overlooking Pensions and Deferred Assets: Pensions are often the largest asset after the family home. If not addressed, your ex-wife may claim a share later.
Ignoring Ongoing Maintenance: If you have a maintenance order, review its terms. Some end on remarriage, others do not.

Things to Consider Before Remarrying
Check for a Clean Break Order: Review your divorce paperwork. If you don’t have a clean break, consider applying for one before remarrying.

Review Ongoing Obligations: Make sure you understand any maintenance or financial orders still in force.

Consider New Assets and Income: If you acquire significant assets or your income increases, your ex-wife may seek to vary existing orders if no clean break is in place.

Practical Steps Forward
Secure a Clean Break Order: If you don’t have one, you can apply to court for a clean break, even after divorce, provided no new claims have been made.

Responding to New Claims: If your ex-wife makes a claim after you remarry, check whether she has remarried herself (which usually bars her claim), and review the terms of your divorce settlement.

Gather Evidence: Keep records of all financial orders, payments, and correspondence. If you need to defend against a claim, evidence of your financial position and previous agreements is vital.

Child Maintenance: Remember, child maintenance is separate and continues regardless of remarriage.

Caveats and Special Considerations
If your ex-wife remarries, she cannot make new claims for spousal maintenance, but may still pursue child maintenance or enforce existing orders.
If you remarry, your new spouse’s assets are generally not considered unless you commingle finances or your own financial position changes significantly.
The court has wide discretion in financial matters, so outcomes can vary depending on circumstances.

Conclusion

Remarriage does not automatically protect you from financial claims by an ex-wife unless a clean break order is in place. Thousands of people self-represent successfully every month, saving substantial legal fees by understanding their rights and preparing carefully. Before remarrying, review your divorce settlement, secure a clean break if possible, and keep clear records of all financial arrangements. If you’re unsure, take practical steps now to protect your future and your new family.

If you need to apply for a clean break or respond to a claim, gather your documents and be ready to explain your position clearly to the court. Being proactive is the best way to safeguard your financial security.

Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or tax advice. Outcomes in divorce and pension matters may vary depending on individual circumstances and the evidence submitted to the court. Always consider seeking professional support for your specific situation.