How is spousal support affected by one spouse’s remarriage?

In Wisconsin, spousal support is a court-ordered payment made by one spouse to another during, or after, a divorce. Spousal support is affected by the remarriage of one of the spouses. Upon remarriage, the spouse receiving support must inform the court and the payments are stopped as of the date of the remarriage. However, any arrears (unpaid spousal support) owed prior to the remarriage are still owed and must be paid in full. In some cases, it is possible for spousal support to restart if the new marriage ends in divorce or an annulment. The court will consider various factors when determining whether to restart spousal support, including the length of the new marriage and the ability of the spouse receiving spousal support to make ends meet. In Wisconsin, spousal support payments generally cannot be renewed until three years have passed since the date of the original divorce. However, if the spouse who was receiving spousal support is disabled or over the age of 65, the waiting period is waived and a court can order spousal support to begin immediately. In any situation, it is important for both parties involved to seek legal advice if there is a change in circumstances. The law is complex and it is important to understand how remarriage may affect spousal support payments.

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