Legal Question in Family Law in Wisconsin
When entering into a marriage settlement, how specific can terms be? Specifically, can it be worded that Maintenance ends upon marriage or entering into a new domestic relationship? Can those stipulations also be used to cancel receipt of any pension that would have been payable to former spouse? Also, if she is already physically involved with another person, before the divorce is finalized, does that change anything with regards to division of assets? Our divorce will be filed in Wisconsin. I am an Active Duty Servicemember and physical custody will be with my (soon to be former) wife.
Thank you for your time.
1 Answer from Attorneys
Yes, you can make maintenance terminable upon the recipient re-marrying/entering into a domestic relationship; you should also be able to set similar terms with respect to the pension(s). Her involvement with another person at divorce will not typically make a difference in the state of Wisconsin, as it is a no-fault marital property state.
If you would like me to review your agreement and make suggestions, I would be happy to do so. Please contact me further with any such request.
Thank you.
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