Can Alimony Be Modified or Stopped Early in Wisconsin?

Divorce may have ended your marriage, but it does not always end your financial connection to your former spouse.

If you’re paying or receiving alimony, you may be wondering whether alimony can be modified or stopped early in Wisconsin.

Life changes, and so does your financial picture. So, yes, you can make changes or terminate it, but this depends on the circumstances and, importantly, what your original divorce judgment states. Here is what you need to know.

How Does Wisconsin Handle Alimony?

First, Wisconsin uses the term “maintenance” rather than alimony. This is still the same financial support that one former spouse pays to the other following a divorce or legal separation, but it just goes by another term.

Maintenance may be ordered for a specific period of time. Sometimes, that can be for an indefinite period.

Wisconsin courts can consider a variety of factors when deciding whether to award it. These factors can include:

• The length of the marriage
• Each spouse’s age and health
• Their earning capacity and education
• Property division
• Whether the recipient can become self-supporting at a standard of living reasonably comparable to the one enjoyed during the marriage.

In other words, maintenance is not a one-size-fits-all arrangement. And that can become important when circumstances change down the road.

Can Maintenance Be Modified?

In many situations, the answer is yes. Wisconsin law gives courts the power to revise certain maintenance orders when circumstances have changed. 

While a change in income or financial circumstances is needed, experiencing a financial inconvenience will not automatically mean your maintenance obligation will be reduced.

The court may look at the bigger picture and consider the circumstances of both former spouses.

For example, if the person paying maintenance loses a job and experiences a substantial decrease in income, that could potentially support a request for modification. On the other hand, if the recipient’s financial circumstances have improved, that may also be a consideration in the case.

Sometimes, that maintenance arrangement that made perfect sense five or ten years ago may not make the same sense today.

Can Maintenance Be Stopped Early?

If your maintenance order has an end date, you may reach the point where the obligation expires. But certain circumstances can lead to maintenance ending early.

Remarriage is one example. Under Wisconsin law, when the spouse receiving maintenance remarries, the court is required to vacate the maintenance order upon the paying spouse’s application and proof of the remarriage.

Maintenance also ends upon the death of either spouse, unless the parties’ agreement states otherwise. There are other situations that may come into play. For example, if a former spouse begins living with a new partner, that does not automatically mean maintenance disappears. But changes in the recipient’s financial circumstances resulting from cohabitation may become important to a modification request.

What If Your Agreement Says Maintenance Can’t Be Modified?

The language in your divorce judgment or marital settlement agreement can make a big difference. Some maintenance arrangements may be subject to modification, while others may contain provisions limiting the court’s ability to change them.

So, if you’re wondering whether your maintenance can be reduced or eliminated, you need to pull out the actual divorce judgment and settlement agreement. The language in those documents is important. This is when you want to have an experienced maintenance attorney in Wisconsin to examine the paperwork and see whether modifications are possible.

Don’t Assume Your Maintenance Order Is Set in Stone

Can alimony be modified or stopped early in Wisconsin? If you’re paying maintenance and your financial situation has changed, or you’re receiving maintenance and your own circumstances are different, you may need to look at the order.

Reviewing your original divorce documents and current circumstances can help you understand whether modification or early termination may be an option under Wisconsin law.

At the Law Offices of Mark S. Knutson, we are ready to assist with your case and help you choose the right option for your situation. Whether your financial situation changes or you believe you are not getting your payments, reach out today and schedule a consultation.