CAN YOU REMARRY THE SAME PERSON AFTER DIVORCE IN COLORADO?
Yes. You can remarry the same person after divorce in Colorado, and you do it the same way any couple marries: with a new marriage license from a county clerk and recorder. You do not need to vacate or set aside your old divorce decree first.
The legal questions are about what happens to the orders from your first case. Some end when you remarry, the property division stays in place, and payments set up through withholding or the state registry can keep running until someone acts.
This guide covers the license, what happens to each kind of existing order, and why a new premarital agreement is worth considering.
TABLE OF CONTENTS
- No Need to Vacate the Divorce Decree
- Getting a New Marriage License
- What Happens to Maintenance
- Child Support and Parenting Orders
- Property Divided in Your First Divorce
- A New Premarital Agreement
- Before You Remarry
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
NO NEED TO VACATE THE DIVORCE DECREE
Some sources say former spouses must "vacate" their divorce judgment before they can marry each other again. We found no Colorado statute, court rule, or appellate decision that requires that step.
Colorado's list of prohibited marriages in C.R.S. 14-2-110 bars a marriage entered into before an earlier marriage of one of the parties has been dissolved, along with marriages between close relatives. Your earlier marriage was dissolved by the decree, and nothing in that list bars marrying a former spouse.
Setting aside a decree is a separate request with a different purpose. Under C.R.S. 14-10-122, for example, a court will not revoke or modify the property provisions of a decree unless it finds conditions that justify reopening a judgment. Reconciling and deciding to marry again is a reason to get a new license, not a reason to reopen the old case.
If you reconcile before your divorce is final, the situation is different. Talk with a lawyer about ending the pending case rather than letting a decree enter.
GETTING A NEW MARRIAGE LICENSE
Under C.R.S. 14-2-104, a marriage is valid in Colorado if it is licensed, solemnized, and registered. Former spouses follow the same steps as anyone else.
- Apply together. Under C.R.S. 14-2-106, both of you complete and sign the application, and generally at least one of you appears before the county clerk and recorder.
- Show the required proof. The clerk needs satisfactory proof of age and proof that the marriage is not prohibited. Bring a copy of your divorce decree in case the clerk asks how your earlier marriage ended.
- Pay the fees. The statute sets the license fee and related state fees, which the clerk collects.
- Use it within 35 days. Under C.R.S. 14-2-107, a Colorado license is valid only in Colorado and only for 35 days after it is issued.
The clerk issues a marriage certificate form along with the license. The marriage is then solemnized and registered, the steps C.R.S. 14-2-104 lists for a valid marriage. In Colorado Springs, licenses are issued by the El Paso County Clerk and Recorder.
WHAT HAPPENS TO MAINTENANCE
Colorado calls spousal support maintenance, though many people still call it alimony. Under C.R.S. 14-10-122, unless the parties agreed otherwise in writing or the decree expressly provides otherwise, the obligation to pay future maintenance ends on the earliest of the death of either party, the end of the maintenance term, the remarriage or civil union of the party receiving maintenance, or a court order ending it.
Remarrying the Spouse Who Pays
The statute does not make an exception when the person receiving maintenance remarries the person paying it. Read as written, the recipient's remarriage ends future maintenance unless your agreement or decree says otherwise. The Court of Appeals reached a similar result in In re Marriage of Doria, 855 P.2d 28 (Colo. App. 1993), discussed below, treating the first decree's maintenance terms as nullified once the former spouses married each other again.
What a separation agreement must say to keep maintenance going after a remarriage is an open question. Colorado Court of Appeals decisions have disagreed, including In re Marriage of Clark, 2025 COA 75, and on May 18, 2026 the Colorado Supreme Court agreed to review Clark. If your agreement addresses remarriage, have a lawyer read its exact wording.
Payments Already Past Due
Remarriage affects future maintenance. Payments that were already overdue are a separate question, because under C.R.S. 14-10-122 each support payment that is due and not paid becomes a final money judgment, and Doria expressly left open whether rights that accrued under the old decree can still be enforced. Do not assume an existing balance disappears without addressing it.
For more on how maintenance is set and ended, see our guide to spousal maintenance in Colorado.
CHILD SUPPORT AND PARENTING ORDERS
Colorado's statutes do not spell out what happens to an existing child support order or parenting plan when the parents marry each other again. C.R.S. 14-10-122 addresses when child support ends, for example on the child's emancipation, but it does not mention parents remarrying each other.
The Colorado Court of Appeals addressed the question in Doria. It applied the general rule that when former spouses remarry each other, the earlier decree's provisions for child support, custody, and maintenance are nullified, and it held that those provisions were not binding when the second marriage ended.
The old orders still do not shut themselves off in practice. If support is paid by wage withholding or through the Family Support Registry, payments can keep running until someone takes action.
Before or soon after you remarry, ask a lawyer whether you should file an agreed motion asking the court to address the existing support and parenting orders. A post-decree modification lawyer can explain the options, and a Colorado Springs child support lawyer can help with withholding and registry issues.
If the Second Marriage Ends
If you later divorce again, the court does not revive the first decree's support and parenting terms. Under Doria, it enters new orders for child support, parental responsibilities, and maintenance based on the circumstances at that time.
PROPERTY DIVIDED IN YOUR FIRST DIVORCE
Remarrying does not undo the property division in your first decree. What each of you received belongs to that person, and as noted above, a court will not revisit a decree's property provisions without conditions that justify reopening a judgment.
That property can matter if the second marriage also ends. Under C.R.S. 14-10-113, marital property is property acquired after the marriage, and an asset a spouse owned before the marriage is treated as marital property only to the extent its value increased during the marriage. Property each of you received in the first divorce was acquired before the second marriage, so in a later divorce it would generally be treated that way.
How you title and use that property during the new marriage can affect the analysis. The same statute also excludes property by valid agreement of the parties, which is one reason couples sign a new agreement.
A NEW PREMARITAL AGREEMENT
A premarital agreement is not required to remarry, but former spouses are often good candidates for one. You already know how a divorce between you works, and a written agreement lets you decide in advance how the property from your first decree, future earnings, debts, and maintenance will be handled.
In Colorado, an agreement signed on or after July 1, 2014 must be in a record signed by both of you, and a court can refuse to enforce it if a spouse proves, for example, a lack of access to independent legal representation or of adequate financial disclosure. A term that adversely affects a child's right to support is unenforceable, and parenting terms do not bind the court. Our guide to the Colorado prenuptial agreement explains the rules.
The agreement is also a good place to state in writing what you intend for any orders still in effect from the first case.
BEFORE YOU REMARRY
The emotional decision is yours, and many couples find it helps to talk honestly about what ended the first marriage, with or without a counselor. On the legal side, a short checklist covers most of what matters:
- Find your decree, separation agreement, and any later orders.
- List every order still in effect: maintenance, child support, the parenting plan, and any payment plans.
- Check how support is paid, whether directly, by wage withholding, or through the Family Support Registry.
- Review property titles, beneficiary designations, insurance, and estate documents.
- Decide whether you want a new premarital agreement, and leave enough time for each of you to get independent advice.
FREQUENTLY ASKED QUESTIONS
Do We Need to Vacate Our Divorce Decree Before Remarrying?
No. We found no Colorado statute, rule, or appellate decision requiring former spouses to vacate their decree, and Colorado's list of prohibited marriages does not include marrying a former spouse.
Do We Need a New Marriage License?
Yes. You apply to a county clerk and recorder like any couple, and a Colorado license must be used within 35 days of issue.
Does Remarrying My Former Spouse End Maintenance?
Under C.R.S. 14-10-122, the recipient's remarriage ends future maintenance unless the parties agreed otherwise in writing or the decree expressly provides otherwise, and the statute makes no exception for remarrying the paying spouse. The Court of Appeals has also treated the first decree's maintenance terms as nullified when former spouses remarry each other.
What Happens to Child Support If We Remarry Each Other?
The statutes do not address it directly, but in In re Marriage of Doria (1993) the Colorado Court of Appeals held that the earlier decree's child support, custody, and maintenance provisions are nullified when the parents remarry each other. Payments by wage withholding or through the Family Support Registry can continue until someone acts, so talk with a lawyer about closing out the old order.
Should We Sign a Prenup Before Remarrying?
It is not required, but it lets you decide in advance how property from your first decree and new assets will be treated. It must be in a signed record and meet the enforcement protections in C.R.S. 14-2-309.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Remarrying a former spouse is a hopeful step, and a short legal review can keep old orders from causing new problems. If you would like a Colorado Springs family law attorney to look at your decree before the wedding, we can help.
Moran, Allen & Associates Family Law Attorneys works with families in El Paso County and Teller County. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation to talk through your situation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-2-104, Formalities of Marriage
- C.R.S. 14-2-106, License to Marry
- C.R.S. 14-2-107, When Licenses to Marry Issued and Validity
- C.R.S. 14-2-110, Prohibited Marriages
- C.R.S. 14-10-113, Disposition of Property
- C.R.S. 14-10-122, Modification and Termination of Maintenance and Support
- C.R.S. 14-2-309, Enforcement of Premarital and Marital Agreements
- In re Marriage of Doria, 855 P.2d 28 (Colo. App. 1993)
- In re Marriage of Clark, 2025 COA 75, Colorado Court of Appeals Opinion
- Colorado Supreme Court Case Announcements, May 18, 2026 (certiorari granted in Clark, No. 25SC634)