Cohabitation can significantly affect alimony, known as spousal maintenance in Wisconsin. When a recipient of spousal maintenance begins living with a new partner, it may lead to changes in the amount or continuation of payments.
Understanding how cohabitation impacts spousal support can help both paying and receiving spouses navigate these changes.
Wisconsin’s laws on cohabitation and spousal maintenance
In Wisconsin, cohabitation can be grounds for modifying or even terminating spousal maintenance. If the recipient of alimony moves in with a new partner, the paying spouse may argue that the recipient’s financial needs have changed.
Cohabitation often means that expenses like rent, utilities, and groceries are shared, which can reduce the recipient’s financial need for spousal support. The paying spouse can petition the court to review and modify the spousal maintenance order.
Factors the court considers
When deciding whether to modify or end spousal maintenance due to cohabitation, Wisconsin courts look at several factors. The court will consider whether the new living arrangement provides financial benefits to the recipient, such as shared expenses or contributions from the new partner.
The court will also look at how long the couple has been cohabiting and whether they intend to continue living together. If the new relationship appears stable and financially supportive, the court may decide to reduce or stop spousal maintenance.
Proving cohabitation
The paying spouse must prove that cohabitation is taking place. This can involve gathering evidence such as shared leases, joint bank accounts, or witness testimonies. Proving cohabitation is essential for successfully modifying or terminating spousal maintenance. If the court finds sufficient evidence, it may rule in favor of the paying spouse and change the spousal maintenance order accordingly.
Moving forward with spousal maintenance changes
Cohabitation can have a major impact on spousal maintenance in Wisconsin. Understanding how the law treats cohabitation can help both spouses prepare for potential changes. Open communication and staying informed about each party’s rights can help manage expectations and avoid surprises.
