– from Theresa G. in Erin, WI

Question Details:

My husband agreed to an original stipulation in our divorce, stating he will pay maintenance to me for life, regardless if I get remarried. I am on the verge of being remarried and he wants to appeal the stipulation even though he agreed to it. Is it likely the stipulation will be appealed?

Family Law Attorney Response:

Unless there is a portion of the maintenance stipulation that is unfair or unequal, this stipulation should not be appealed.

In Rintelman v. Rintelman, 118 Wis.2d 587, 348 N.W.2d 498 (1984)(Affirming 115 Wis.2d 206, 339 N.W.2d 612), the judge presiding commented on stipulations, stating all that is required for a stipulation to be upheld is that both parties entered it freely and knowingly, that the settlement is fair and equitable and not illegal.

Give me a call so we can discuss strategy on how to respond to this appeal.

Dan Exner, J.D.

Family Law Attorney

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