How Long After Divorce Can You Remarry in Illinois?

There is no waiting period. You can legally remarry the same day the judge enters your Judgment for Dissolution of Marriage.

Illinois eliminated its former waiting period years ago, and the current statute imposes zero delay between final dissolution and a new marriage license application. As long as the divorce is truly final — meaning the judge has signed the judgment, not just that you've filed — you're free to remarry immediately.

What Remarriage Triggers Automatically

While there's no waiting period, remarriage sets off several automatic legal consequences under 750 ILCS 5/510 that catch people off guard.

Spousal Maintenance Terminates Immediately

If you're receiving spousal maintenance (alimony) and you remarry, maintenance automatically terminates on the date of your new marriage. The paying spouse can stop payments without going back to court — no modification motion needed, no judge approval required. This is statutory and non-negotiable unless your original settlement agreement contains unusual language preserving maintenance past remarriage (which is extremely rare).

If you're the one paying maintenance, keep records of the remarriage date. If payments continue past that date, you may need to file a motion to recover overpayments.

Child Support Does Not Change

Remarriage has no automatic effect on child support obligations in Illinois. Your new spouse's income is not factored into child support calculations, and your existing support order remains in effect regardless of your marital status.

Property Rights Don't Reset

Remarrying your ex-spouse does not automatically restore property rights from your prior marriage. If property was divided in the divorce, the new marriage starts with a clean slate. You'd need new deeds, new beneficiary designations, and new estate documents — nothing from the old marriage carries over automatically.

Before You Remarry: The Post-Divorce Checklist

The excitement of moving forward can overshadow unfinished business from the divorce. Before walking down the aisle again, verify these are complete:

Name situation. If you restored your maiden name through the divorce, decide whether you're keeping it, taking your new spouse's name, or doing something else. Each scenario involves a different name-change process.

Estate planning. Your new marriage doesn't automatically update your will, trust, or powers of attorney. If you die intestate (without a will) in Illinois, your new spouse receives a share under intestacy law — but the distribution may not match your intentions, especially if you have children from your prior marriage.

Beneficiary designations. Federal ERISA law governs employer-sponsored retirement plans (401(k), 403(b), group life insurance). Once you remarry, your new spouse may have automatic rights to your retirement benefits under federal law, potentially overriding whatever your current beneficiary forms say. Update these intentionally.

Health insurance implications. Your new marriage is a qualifying life event that allows changes to employer-sponsored health coverage. If you were on COBRA or Illinois Spousal Continuation Coverage from your ex's plan, that coverage typically ends upon remarriage.

Tax filing status. Your filing status changes for the tax year in which you remarry. If you remarry on December 31, you file as Married Filing Jointly (or Separately) for the entire year.

Getting a New Marriage License in Illinois

You'll need to apply at the County Clerk's office in the county where you plan to marry. Both parties must appear in person with valid photo ID. Illinois has no waiting period between obtaining the license and the ceremony — the license is valid immediately and expires 60 days after issuance.

The license fee varies by county (typically $30–$75), and you cannot apply until your prior divorce is finalized.

If any post-divorce administrative tasks remain incomplete — name changes still processing, retirement accounts still being divided, real estate still being retitled — the Illinois After-Divorce Checklist helps you track what's done and what's still outstanding before starting the next chapter.

See more Illinois guides →