Terminate Wisconsin Alimony Orders
To terminate alimony in Wisconsin judges will look for one of the following circumstances when granting the order:
- The spouse receiving alimony is now remarried
- Either spouse has a substantial change in income
- The spouse paying support has a significant, involuntary decrease
When Can I Stop Paying Alimony?
Sometimes modifying alimony is the right path other times terminating the support order all together is possible. Alimony is financial assistance paid from one partner to the other, which recognizes a homemaker or the less-earning spouse's contribution to the marriage. It's also meant to help the recipient move toward financial independence. However, when it's no longer needed it should be terminated by filing a motion to terminate the support order.
Terminate Alimony After Remarriage
One of the most common instances of a support order being terminated is due to remarriage. In Wisconsin, if the recipient of support gets remarried or it can be proven the recipient is in a marriage-like arrangement (moved in, paying bills together, etc) the payor may seek to terminate the support order. This is accomplished by filing a motion to modify support and petitioning the court to terminate the support order based on the change in circumstances.
Terminate Alimony during Significant Financial Changes
Another reason we often see for a support order being terminated is a significant change in financial circumstances of the recipient. For instance, if a recipient goes from unemployed to employed and makes an equal amount or greater as the payor, the court may find such a significant change in financial circumstances enough to warrant a termination of the support order. This too would be accomplished by filing a motion to terminate support.
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Frequently Asked Questions
How long does alimony last in Wisconsin?
How long alimony lasts depends on how long the marriage was. Alimony lasts until the order is finished. Or it can end early if one of the things listed above occurs. For example, alimony can end early if the party receiving alimony gets remarried.
Can I stop paying spousal maintenance?
You cannot stop paying spousal maintenance unless the court says you can. Whether the order is running out of time or the other party is getting remarried, you have to file with the court to end alimony. If you just stop paying alimony before the court says you can, the other party can file to enforce the alimony order.
Does alimony change if income changes?
Alimony can change if there is a substantial change in financial circumstances. This could be an increase or a decrease depending on which party has the financial change.
How do you stop alimony in Wisconsin?
To stop alimony, you file the necessary paperwork with the court. This will schedule a hearing to discuss your alimony. If the court finds that there is a reason to end alimony, it will end.
Can a spouse kick you out of the house in Wisconsin?
A spouse cannot kick you out of your house unless they have a court order. The first time a court order could occur telling one party to leave is at a temporary order hearing.
Just because someone lives in the house during the divorce does not mean they will get the house at the end of the divorce. The house is divided with everything else in the property division process.