Will Maintenance Go Away If You Move in with Your New Significant Other?

This is a tricky situation. There are several things that could come into play, and should be taken into consideration. Things like the manner in which your cohabitation will commence. Will you be moving in with him/her, he/her with you, or will you both be looking for a new place? How will you split the rent, bills, and living expenses? Who will pay for food? Will he/she be supporting you?

If you wish to maintain financial independence, but you are currently living on your awarded maintenance. Will this money be used to pay your half of the rent and bills, or for your living means while he pays the rent and bills?

In the case of Van Gorder v. Van Gorder, 110 Wis. 2d 188, 327 N.W.2d 674 (1983), the supreme court overruled reversed the decision of the circuit court to terminate maintenance when a woman began living with another man. It was not demonstrated that this cohabitation affected her financially. However, in the case of Take v. Take, 70 Wis. 2d 115, 233 N.W.2d 449 (1975), the cohabitation was found to have an economic impact on her financial status, and was thereby terminated.

You would need to sit down with an experienced family law attorney and go over the details of this cohabitation with a fine-tooth comb. It does not always mean an automatic termination, but it may have an affect on the continuation of maintenance. A one-on-one with an attorney will assist you by explaining the possible outcomes based on the specifics of your case. In a lot of cases, if you have to prove that you need the same amount in alimony, or it has the possibility of being reduce and/or terminated.

For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!