Will a WI court end permanent maintenance upon remarriage? | Sterling Law Offices, S.C. global $post;
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– from Jack A. in Summit, WI

Question Details:

When my wife and I got divorced years ago, I agreed to permanent maintenance in exchange for the house. I figured I didn’t have to keep paying if she got remarried though. What are the laws on that? Can I quit paying since she got remarried?

Family Law Attorney Response:

You can, but the outcome may not turn out the way you hope. I would need more details as to the actual agreement, and subsequent final decision for spousal support.

In the case of Rintelman v. Rintelman, 115 Wis. 2d 206, 339 N.W.2d 612 (Ct. App. 1983) (Affirmed by 118 Wis. 2d 587, 348 N.W.2d 498 (1984)), a man had agreed to a stipulation of permanent maintenance even in the event his wife had remarried. She eventually did. He petitioned the court to end maintenance. They did not. He appealed, and the court of appeals affirmed the decision that he will continue paying his wife maintenance and legally can’t stop.

This is one scenario, but I would need to know more details about your case in order to provide you with the most accurate advice. Give me a call if you’d like to discuss your this further.

Trisha Festerling, J.D.

Family Law Attorney

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