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.
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Frequently Asked Questions
Does alimony stop if you move in with someone in Wisconsin?
Moving in with someone can be grounds for alimony payments to end. If you move in with a friend, that will not affect alimony payments. However, if you move in with a new partner, that is when it can affect alimony.
Does cheating affect alimony?
Cheating does not have much of an impact on alimony in Wisconsin. The largest impact it has on a divorce is the emotional harm it does to the other party. This harm can lead to a contentious divorce.
Can I live with my boyfriend during a divorce?
You can live with your boyfriend during a divorce. However, if children are present in the divorce, living with a new person will impact the courts decisions on custody and placement.
Can alimony change after the divorce?
If you are receiving or paying temporary alimony during the divorce process, it could change in the final settlement. Furthermore, the amount ordered in the final settlement can be changed if there is a change in circumstances. If you want to modify alimony, you begin by filing the correct paperwork and talking to an attorney.
How does cohabitation affect divorce settlement?
If parties continue to live together, they can still get a divorce. Depending on the situation, it can affect the settlement in a variety of ways. There may need to be a plan in place for how the house will be split if/when parties stop living together. Or there may be specific requirements surrounding alimony or child support and how they will be paid while living together.
References: Changes That May Affect Maintenance Payments