Can Spousal Support Payments Be Modified After a Divorce?

 Posted on April 17, 2023 in Divorce

Going through a divorce can be a trying time for both parties. However, even after the divorce is finalized, financial issues can continue to be a significant source of stress. In many cases, some of the most significant financial concerns for divorced individuals will be related to spousal support payments. In Wisconsin, these payments can be awarded to one spouse to help them maintain their standard of living after the divorce. But what happens when circumstances change, and the original spousal support orders are no longer sustainable? For ex-spouses, it is important to understand when spousal support payments can be modified after a Wisconsin divorce and what factors will come into play when addressing these issues.

Changes in Circumstances That May Allow for Spousal Support Modifications

When a family court judge creates orders for spousal support payments, which are known as "maintenance" in Wisconsin, the amount that will be paid will be based on the current circumstances of both parties at the time of the divorce. However, life is unpredictable, and changes can occur that may make it difficult or impossible for a person who is required to pay maintenance to continue doing so. Fortunately, Wisconsin law recognizes this reality and provides a path for ex-spouses to request a modification of spousal support obligations.

Modifications of spousal support may be appropriate if a substantial change in circumstances has taken place that warrants an adjustment to the amount paid. The party who is seeking a modification of spousal support will be required to demonstrate that a substantial change has occurred and that modifications are necessary to address these new circumstances. Appropriate changes could include the loss of a job, a serious illness or injury, a change in the recipient's employment status, or other events that fundamentally change the financial status of either party. If a court determines that such a change has in fact occurred, the spousal support obligation may be reviewed, and a judge will determine whether payments will be increased, decreased, or terminated.

It is important to note that a proposed modification must still align with the original intent behind the spousal support award. In other words, the court will look to ensure that the recipient will have adequate support so that they can meet their needs and maintain their standard of living, while also ensuring that the paying spouse can maintain financial stability. For instance, if the paying spouse's income has fallen dramatically, the court may reduce the amount of the spousal support payments, but it will still aim to preserve the recipient's standard of living as much as possible.

Additionally, the court may consider factors such as the length of time spousal support has already been paid, the contributions of each party to their respective financial situations since the divorce, the age and health of both parties, and any other relevant factors before making a final decision. If support has been paid for a significant amount of time, and the court determines that the recipient should now be able to support themselves, spousal support may be terminated. However, if continued support is necessary because of issues such as a stay-at-home parent's need to provide care for children, the court may take steps to determine an appropriate amount of support that will allow both parties to meet their ongoing needs. The court's ultimate goal will be to create an equitable financial situation for both parties that aligns with their current circumstances and needs.

Contact Our Waukesha County Spousal Support Modification Attorneys

While spousal support can be an important component of divorce proceedings, the support payments awarded at the time of the divorce may become unsustainable based on changes that occur after the finalization of a divorce. If you currently pay or receive spousal support and believe that modifications are necessary, the Menomonee Falls post-divorce modification lawyers at Bucher, Wolff & Sonderhouse, LLP can help you determine how to proceed. To schedule a free consultation, contact our firm at 262-232-6699.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/767/vi/56

https://docs.legis.wisconsin.gov/document/statutes/767.59