{"id":287015,"date":"2022-04-07T16:13:15","date_gmt":"2022-04-07T21:13:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/planning-an-estate\/common-legal-struggles-for-blended-families.html"},"modified":"2025-09-02T11:17:00","modified_gmt":"2025-09-02T16:17:00","slug":"common-legal-struggles-for-blended-families","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/planning-an-estate\/common-legal-struggles-for-blended-families.html","title":{"rendered":"Common Legal Struggles for Blended Families"},"content":{"rendered":"\n
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Common Legal Struggles for Blended Families<\/h1>\n\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Blended families often face legal struggles such as updating estate plans to reflect new family members, which includes revising wills, trusts, and beneficiary designations. They also encounter challenges with shared custody arrangements, child support, and spousal maintenance or alimony.<\/p>\n\n <\/div>\n\n\n\n

The concept of a \u201cblended family” has become more common over the past several decades. According to the Census Bureau and the Pew Research Center,\u00a016% of children are a part of blended families<\/a>. This means they live in a household with a step-parent, step-sibling, or half-sibling.<\/p>\n

After a divorce, families need to adjust to new challenges. Although the divorce is final, and you may have had a prenuptial agreement, you may still have tasks to do. There are probably a few relating to previous relationships.<\/p>\n

You can solve issues like child support, custody, and alimony in your family’s living room or in a court of law. Every family is unique. Thus, blended families have different approaches to specific financial and custodial matters.<\/p>\n

Families navigating life after a previous marriage are common, but their legal issues may remain complicated. From redoing estate plans to working through custody and child support issues, blended families often have outstanding loose ends to tie up. The next steps depend on several factors. It can sometimes depend on whether the blended family includes minor or adult children.<\/p>\n\n\n\n

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Redoing Wills and Estate Plans<\/h2>\n

Taking care of your estate planning issues as a blended family is just one more step you can take to care for your loved ones during a transition period. One of the first things blended families must handle after a second marriage (or subsequent marriage) is redoing estate plans. New spouses and children may be in the mix. So, all legal documents must reflect current family members.<\/p>\n

Seeking legal advice and researching can help you with estate planning to properly prepare for your family’s future. You can get help with\u00a0specific state law requirements<\/a>\u00a0and\u00a0estate tax law<\/a>, among other matters. Depending on your situation, you could provide inheritance and financial security not only for your own children but also for your step-children.<\/p>\n

Last Will and Testament<\/h3>\n

You can use your\u00a0will<\/a>\u00a0to create a plan for your entire family, whether they are related to you by blood or marriage. Following remarriage, it is critical to update your last will and testament. For example, you may have named your first spouse your personal representative. You may want to name your current spouse. Or, you may have named a previous spouse as the beneficiary of your entire estate in your will. When you remarry, it’s important to revisit your will. Ensure your probate assets, including real estate, reflect your current wishes.<\/p>\n

Remember a blended family’s specific challenges when\u00a0creating your will and other estate planning documents<\/a>. If there are children in your house with guardians who live outside of your home, then this may influence your plans. If your child’s other biological parent is neither involved nor has custody, their step-parent may be the guardian.<\/p>\n

Beneficiary Designations<\/h3>\n

Changing\u00a0beneficiary designations<\/a>\u00a0is a crucial task to handle when your life’s circumstances change. There’s good news, though. Updating beneficiary designations is typically an easy task. Contact the financial institution holding your asset. It will provide the form.<\/p>\n

You can name anyone you’d like as a beneficiary. There are special rules, however, if you name minor children as beneficiaries. For example, if minor children are beneficiaries of an insurance policy, the proceeds go to their legal guardian. Beneficiary designations are common for assets such as:<\/p>\n