Disclaimer: General educational research only — not legal, tax or financial advice. Rules differ by state and by family. Talk to an estate planning attorney in your state before you act.
In 2024, 29,395,085 married Americans were in their second, third or later marriage (margin of error ±122,919). That’s 21.9% of all married people, according to our analysis of Census Bureau American Community Survey microdata. Counted by household, 19,440,096 married couples, nearly 1 in 3, include at least one spouse who was married before.
Second marriages are where default inheritance rules most often go wrong. State laws, beneficiary forms and joint accounts were built around a simple picture: you die, your spouse gets most of it, and your spouse later leaves it to “the kids.” In a remarriage, those may not be the same kids. The money can pass to a new spouse and then to that spouse’s children or next partner, while children from the first marriage get little or nothing. Old beneficiary forms can also still name a former spouse.
Remarried with children from an earlier marriage? A trust is often the way to look after both your spouse and your kids. See whether a trust or a will fits your situation.
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Key findings
- 29,395,085 married people are in a second or later marriage (21.9% of 134,370,646 married people 15 and older). Of them, 5,998,872 have been married three or more times.
- It’s mostly an older-adult issue. 30.2% of married people 50 and older (22,311,603 people) and 32.5% of married people 65 and older (11,181,212) have been married before. These are the people most likely to own a home, have retirement savings and have grown children from an earlier marriage.
- 19,440,096 married-couple households (31.4%) include at least one spouse who was married before. In 8,139,093 of them, both spouses were.
- Highest share of married people in a second or later marriage: Arkansas (31.3%), Alabama (30.2%), Mississippi (30.0%), Oklahoma (29.6%) and West Virginia (28.9%).
- Lowest: District of Columbia (12.9%), New Jersey (15.4%), Massachusetts (15.5%), New York (15.6%) and Minnesota (16.8%).
- Most remarried people: Texas (2,730,707), Florida (2,615,889), California (2,519,795) and New York (1,146,107).
- Among couples, the share with a prior marriage is highest in Arkansas (42.0%), Mississippi (41.0%) and Alabama (40.9%). Among married people 65 and older, it’s highest in Nevada (43.0%), Oklahoma (42.6%) and Oregon (40.5%).
- Counting everyone who has ever married, including people who are now divorced or widowed, 42,956,054 Americans 15 and older (23.5% of the ever-married) have been married more than once (Census table B12505).
Second marriages by state, 2024
| State | Married people (15+) | In a 2nd or later marriage | Margin of error | Share of married people | Share of married people 65+ | Married couples with a prior marriage |
|---|---|---|---|---|---|---|
| Arkansas | 1,250,537 | 391,690 | ±14,847 | 31.3% (±1.0) | 39.9% | 42.0% |
| Alabama | 2,021,023 | 611,060 | ±16,583 | 30.2% (±0.7) | 39.4% | 40.9% |
| Mississippi | 1,094,109 | 328,223 | ±12,751 | 30.0% (±0.9) | 39.7% | 41.0% |
| Oklahoma | 1,607,753 | 475,887 | ±13,875 | 29.6% (±0.7) | 42.6% | 40.1% |
| West Virginia | 740,204 | 214,228 | ±10,927 | 28.9% (±1.4) | 35.5% | 39.4% |
| Kentucky | 1,836,701 | 518,834 | ±17,497 | 28.2% (±0.9) | 37.1% | 38.0% |
| Nevada | 1,214,736 | 341,136 | ±11,521 | 28.1% (±0.9) | 43.0% | 40.4% |
| Tennessee | 2,918,178 | 819,078 | ±17,311 | 28.1% (±0.5) | 39.7% | 37.9% |
| Florida | 9,441,159 | 2,615,889 | ±38,060 | 27.7% (±0.4) | 38.6% | 39.1% |
| Wyoming | 262,551 | 70,007 | ±5,172 | 26.7% (±1.9) | 33.1% | 37.0% |
| Montana | 486,756 | 128,138 | ±8,719 | 26.3% (±1.8) | 35.9% | 36.5% |
| South Carolina | 2,268,929 | 596,433 | ±16,739 | 26.3% (±0.7) | 38.4% | 36.2% |
| Arizona | 3,002,505 | 784,734 | ±17,840 | 26.1% (±0.6) | 40.3% | 36.8% |
| Louisiana | 1,639,369 | 424,542 | ±12,895 | 25.9% (±0.7) | 35.5% | 35.6% |
| New Mexico | 753,098 | 194,330 | ±10,162 | 25.8% (±1.3) | 36.8% | 37.9% |
| Missouri | 2,520,769 | 634,166 | ±16,950 | 25.2% (±0.6) | 35.1% | 34.7% |
| Indiana | 2,747,561 | 687,188 | ±19,356 | 25.0% (±0.7) | 35.7% | 34.3% |
| Oregon | 1,737,739 | 434,132 | ±11,565 | 25.0% (±0.6) | 40.5% | 34.9% |
| Idaho | 877,484 | 217,643 | ±9,022 | 24.8% (±0.9) | 40.5% | 34.3% |
| Georgia | 4,293,492 | 1,061,482 | ±21,542 | 24.7% (±0.5) | 36.2% | 35.0% |
| North Carolina | 4,472,839 | 1,103,595 | ±23,779 | 24.7% (±0.5) | 36.8% | 34.7% |
| Kansas | 1,235,375 | 290,314 | ±11,147 | 23.5% (±0.9) | 35.0% | 32.7% |
| New Hampshire | 616,601 | 145,102 | ±7,687 | 23.5% (±1.2) | 31.5% | 33.8% |
| Maine | 611,200 | 142,773 | ±8,841 | 23.4% (±1.5) | 34.0% | 32.3% |
| Delaware | 420,502 | 98,000 | ±6,731 | 23.3% (±1.4) | 35.3% | 34.4% |
| Ohio | 4,634,957 | 1,073,049 | ±21,203 | 23.2% (±0.4) | 32.2% | 32.2% |
| Alaska | 299,053 | 67,640 | ±7,135 | 22.6% (±2.3) | 35.1% | 32.8% |
| Texas | 12,224,733 | 2,730,707 | ±34,310 | 22.3% (±0.3) | 35.4% | 32.2% |
| Washington | 3,313,262 | 733,121 | ±16,611 | 22.1% (±0.5) | 37.3% | 31.6% |
| South Dakota | 392,527 | 85,772 | ±6,565 | 21.9% (±1.5) | 29.0% | 31.3% |
| Michigan | 4,020,054 | 868,226 | ±17,895 | 21.6% (±0.4) | 30.9% | 30.5% |
| Vermont | 269,979 | 58,416 | ±4,623 | 21.6% (±1.8) | 29.8% | 30.8% |
| Virginia | 3,591,393 | 772,490 | ±16,790 | 21.5% (±0.4) | 30.9% | 31.2% |
| Colorado | 2,536,084 | 530,578 | ±16,710 | 20.9% (±0.6) | 34.6% | 30.4% |
| Iowa | 1,334,566 | 278,437 | ±12,230 | 20.9% (±0.9) | 28.4% | 29.5% |
| Nebraska | 847,670 | 166,157 | ±8,343 | 19.6% (±1.0) | 29.7% | 28.1% |
| Maryland | 2,392,442 | 466,468 | ±15,002 | 19.5% (±0.6) | 29.7% | 28.4% |
| Pennsylvania | 5,236,371 | 1,004,244 | ±21,555 | 19.2% (±0.4) | 27.2% | 27.7% |
| Utah | 1,483,117 | 283,697 | ±10,730 | 19.1% (±0.7) | 31.2% | 26.9% |
| Wisconsin | 2,460,207 | 467,833 | ±16,557 | 19.0% (±0.7) | 26.4% | 27.2% |
| North Dakota | 328,336 | 59,311 | ±6,065 | 18.1% (±1.8) | 22.7% | 27.0% |
| Illinois | 4,914,394 | 883,100 | ±16,740 | 18.0% (±0.3) | 27.1% | 26.3% |
| Rhode Island | 412,423 | 73,542 | ±6,130 | 17.8% (±1.4) | 24.1% | 27.4% |
| Hawaii | 574,741 | 100,953 | ±6,444 | 17.6% (±1.1) | 25.6% | 28.4% |
| Connecticut | 1,431,994 | 245,835 | ±10,710 | 17.2% (±0.7) | 26.5% | 25.5% |
| California | 15,031,968 | 2,519,795 | ±35,960 | 16.8% (±0.2) | 28.7% | 25.7% |
| Minnesota | 2,393,825 | 403,324 | ±14,379 | 16.8% (±0.6) | 23.8% | 24.2% |
| New York | 7,363,406 | 1,146,107 | ±21,205 | 15.6% (±0.3) | 23.7% | 23.9% |
| Massachusetts | 2,771,720 | 428,560 | ±13,025 | 15.5% (±0.5) | 23.5% | 23.9% |
| New Jersey | 3,855,301 | 595,214 | ±17,132 | 15.4% (±0.4) | 22.4% | 23.4% |
| District of Columbia | 184,953 | 23,905 | ±3,360 | 12.9% (±1.7) | 27.8% | 20.0% |
| United States | 134,370,646 | 29,395,085 | ±122,919 | 21.9% (±0.1) | 32.5% | 31.4% |
Source: Family Estate Guide analysis of U.S. Census Bureau American Community Survey 2024 1-year Public Use Microdata Sample (PUMS). Married people are those who are currently married, not counting separated people. Sorted by share of married people in a second or later marriage. Margins of error are at the 90% confidence level, calculated with the 80 Census replicate weights. The last column is married-couple households where the householder or spouse has been married more than once.
Why a second marriage changes the estate plan
These are the rules that most often surprise remarried families. They vary by state, so treat them as questions to ask a local attorney, not answers.
- No will can mean a split you didn’t pick. Every state’s intestacy law gives a surviving spouse a share. In many states that follow the Uniform Probate Code, the spouse’s share is smaller when either spouse has children from another relationship. In Minnesota, for example, a surviving spouse gets the whole estate only if all the children are the couple’s shared children and the surviving spouse has no other children. Otherwise the spouse gets the first $225,000 plus half of the rest, and the other half generally goes to the deceased spouse’s children or other descendants (Minn. Stat. 524.2-102). That may be too much for some families and too little for others. See the intestacy gap.
- Stepchildren usually don’t inherit by default. Unless a stepparent legally adopts them, stepchildren generally get nothing under intestacy, or only in narrow cases. If you want to leave something to a stepchild, put it in writing.
- “Everything to my spouse” often means everything to the spouse’s family. If you leave it all to your spouse and trust them to take care of your children later, your spouse is free to change their own will, remarry or spend the money. Once it’s theirs, it’s theirs.
- A spouse can claim a share even if the will leaves them out. In most states that don’t use community property, a surviving spouse can claim an elective share of the estate. A will alone can’t cut out a new spouse. See elective share by state.
- The 401(k) usually goes to the current spouse. Federal rules for most employer retirement plans give a spouse survivor rights. The IRS explains that many plans must pay the death benefit to the surviving spouse unless the spouse consented in writing to another beneficiary. Naming your children on a 401(k) usually requires your spouse’s signed consent.
- Old forms can still pay an ex-spouse. Many states automatically cancel gifts and beneficiary designations to a former spouse after a divorce (Minn. Stat. 524.2-804 is one example). The Supreme Court upheld Minnesota’s law for a life insurance policy in Sveen v. Melin (2018), a dispute between an ex-wife and the policyholder’s children from an earlier marriage. But in Egelhoff v. Egelhoff (2001), the Court held that federal law (ERISA) overrides those state laws for employer-provided life insurance and pension plans, so the plan paid the ex-wife who was still named on the form. The only safe fix is to update the forms yourself.
- Social Security survivor benefits. A widow or widower generally can’t get survivor benefits on a late spouse’s record if they remarried before age 60 (50 if disabled), according to the Social Security Administration. An ex-spouse who was married for at least 10 years may qualify for benefits on a former spouse’s record. Remarrying later in life can change what a surviving spouse gets.
- The house. Many remarried couples live in a home one spouse owned first. If the house is jointly owned with right of survivorship, it goes to the surviving spouse automatically, no matter what either will says. If it’s in one spouse’s name, the other may need to move out soon after a death unless the plan says otherwise.
Tools remarried couples use
- A will for each spouse, written with the blended family in mind and naming an executor both sides can trust. See who will be your executor.
- A trust that provides for the spouse and protects the children. A common setup lets the surviving spouse use the income, and sometimes live in the house, for life. Whatever is left then goes to the children from the first marriage. For larger estates, a qualified terminable interest property (QTIP) trust can do this and still qualify for the federal estate tax marital deduction (26 U.S.C. 2056(b)(7)).
- A prenuptial or postnuptial agreement. Spouses can usually waive the elective share and other inheritance rights in a written agreement signed after fair disclosure. Minnesota’s rule (Minn. Stat. 524.2-213) is typical.
- Beneficiary forms that match the plan. Life insurance, IRAs, 401(k)s and payable-on-death accounts skip the will. See money that skips the will.
- Life insurance to give children an inheritance now without taking it from the surviving spouse.
- New powers of attorney and health care directives, so it’s clear who decides for you: your spouse, an adult child, or both together.
What to do if you remarried
- Find your old will, trust and beneficiary forms. Anything signed before or during a prior marriage needs a fresh look.
- Decide who should get what, and write it down: your spouse, your children, your spouse’s children, and anyone else.
- Choose how the house should be handled if you die first: sold, kept by your spouse for life, or left to your children.
- Sign new wills (or a trust) that match that plan. Consider a trust if you want to provide for your spouse and still make sure your children inherit.
- Update every beneficiary form and get your spouse’s written consent where the plan requires it.
- Check how accounts and the home are titled, because joint ownership can override the will.
- Sign new financial and health care powers of attorney.
- Tell people. Adult children and a spouse who know the plan ahead of time are less likely to fight about it later.
An example
Pat, 62, has two adult children from a first marriage. Pat remarried at 55 and moved into the house Pat owned before the wedding. Pat’s 401(k) still names a sister, and Pat has no will. If Pat dies, the spouse may get a large share of the estate under state law and can likely claim the 401(k) because the spouse never signed a waiver. The house may end up with the spouse, and later with the spouse’s own children. Pat’s children may get far less than Pat intended. A trust that lets the spouse live in the house for life and then passes it to Pat’s children, plus updated beneficiary forms signed by the spouse, would change that.
Related: elective share by state · life events that make a will outdated · the intestacy gap · separated spouses by state
Methodology
We used the American Community Survey 2024 1-year Public Use Microdata Sample (PUMS), pulled from the Census Data API on Oct. 22, 2026, for all 50 states and D.C. We kept people who are currently married (MAR = 1; separated people are a separate category and aren’t included) and counted those who reported being married two or more times (MARHT = 2 or 3), weighted with the person weight PWGTP. Ages come from AGEP.
For couples, we matched each householder (RELSHIPP = 20) with a husband, wife or spouse (RELSHIPP = 21 or 23) in the same household and counted the household, with the household weight WGTP, if either spouse had been married more than once. Margins of error use the 80 replicate weights and the Census Bureau’s successive-difference formula, at the 90% confidence level.
As a check, the published table B12505 (Number of Times Married) counts 42,956,054 people who have been married two or more times. That figure includes divorced, separated and widowed people, so it’s larger than our count of people who are married now. PUMS estimates are based on a sample and won’t exactly match published Census tables.
The legal summaries come from statutes, Supreme Court opinions and federal agency guidance listed under Sources. Laws vary by state and change over time.
What this doesn’t measure. The survey doesn’t ask whether people have children from an earlier marriage, whether they have a will, a trust or a prenuptial agreement, or what their beneficiary forms say. ACS 2025 1-year data is scheduled for release on Oct. 29, 2026, and we plan to update the table after that.
Frequently asked questions
Does my new spouse inherit everything if I die without a will?
Not always. In many states, a surviving spouse gets everything only when all the children belong to both spouses. If you have children from an earlier relationship, the spouse usually shares the estate with them. The exact split depends on your state.
Do stepchildren inherit?
Usually not, unless they were legally adopted or you name them in a will, trust or beneficiary form.
Can I leave my 401(k) to my children instead of my spouse?
In most employer plans, only if your spouse signs a written consent. IRAs follow different rules, though spouses in community property states may have rights to them.
How many Americans are remarried?
29,395,085 married people were in a second or later marriage in 2024, or 21.9% of married people.
Is this legal advice?
No. Talk with an estate planning attorney in your state.
Sources
Public-domain government sources only. Fetched 2026-10-22.
Data
- U.S. Census Bureau, American Community Survey 2024 1-year Public Use Microdata Sample, via the Census Data API: https://api.census.gov/data/2024/acs/acs1/pums
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, tables B12505 and B12001: https://api.census.gov/data/2024/acs/acs1
- U.S. Census Bureau, PUMS documentation (replicate weights and accuracy): https://www.census.gov/programs-surveys/acs/microdata/documentation.html
Laws, cases and agency guidance
- Minnesota Statutes 524.2-102 (share of the spouse): https://www.revisor.mn.gov/statutes/cite/524.2-102
- Minnesota Statutes 524.2-804 (revocation on divorce): https://www.revisor.mn.gov/statutes/cite/524.2-804
- Minnesota Statutes 524.2-213 (waiver of spousal rights): https://www.revisor.mn.gov/statutes/cite/524.2-213
- Sveen v. Melin, No. 16-1432 (U.S. June 11, 2018): https://www.supremecourt.gov/opinions/17pdf/16-1432_7j8b.pdf
- Egelhoff v. Egelhoff, 532 U.S. 141 (2001): https://tile.loc.gov/storage-services/service/ll/usrep/usrep532/usrep532141/usrep532141.pdf
- 26 U.S. Code 2056 (marital deduction; QTIP at (b)(7)): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section2056&num=0&edition=prelim
- Internal Revenue Service, Retirement topics: Qualified joint and survivor annuity: https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qualified-joint-and-survivor-annuity
- Social Security Administration, Who can get survivor benefits: https://www.ssa.gov/survivor/eligibility
Related data
More in Probate, wills and family situations.
Cite this data
Family Estate Guide, “Second Marriages by State: Remarried Americans and Estate Planning,” October 2026. https://familyestateguide.com/estate-planning-data/remarried-by-state/
You’re welcome to reuse the table with a link back to this page. The underlying government data is public.
Published October 22, 2026 by Family Estate Guide. Data vintage: American Community Survey 2024 1-year estimates. Editorial standards.