Month: February 2023

When Can I Retire and Stop Paying Maintenance or Alimony?

nelsonda Maintenance (Alimony) , , , , , , , , ,

If you are currently paying maintenance or alimony to an ex-spouse, a question that is likely on your mind is “when can I retire?”. This is a very simple question that has a very complex answer. 

If your divorce decree has a set date for the termination of maintenance, whether it is at the expiration of 60 months or after the payment of 120 months of maintenance, then the court will expect, absent some extenuating circumstance, you will work through the date of the termination of maintenance payments.  An extenuating circumstance might be, for example, if you experience a medical condition that requires you to stop working or causes you to work less. In these instances, a court might consider this circumstance in modifying or terminating your maintenance.  If the demands of your job change, where working at the same pace becomes difficult, perhaps the court will consider the new requirements in determining whether to modify or terminate maintenance.  It is important to understand that if you have a set time frame for maintenance, you may have a difficult time terminating maintenance or modifying maintenance prior to the expiration set by the court.

If your maintenance obligation is “non-modifiable”, then the court is prohibited from modifying maintenance under any circumstance.  While you could retire during your maintenance obligation, the court will not modify your maintenance due to that retirement and you will have to pay your maintenance obligation with funds other than your employment income.

If your maintenance obligation has no termination date or is “indefinite”, then the question of when you can retire requires more of an analysis.  First, indefinite maintenance does not mean you will be paying maintenance forever.  Indefinite maintenance requires you to make your payments until there is a “substantial change in circumstances.”  Retirement is considered a substantial change in circumstances; however, that is not the end of the analysis.  Retirement is not an automatic trigger for a modification or termination.  In order for the court to grant you relief from maintenance, either by terminating or modifying maintenance due to your retirement, your decision to retire has to be reasonable under all the circumstances.    In determining what is reasonable, the court is going to analyze both parties’ “needs” as well as what is “equitable”.   As you can imagine, this analysis is going to vary greatly from situation to situation.  The court is going to give consideration to the length of time between the divorce and the decision to retire and consideration will be given to your age and your health.  Further, the court is going to analyze both parties’ current lifestyles as well at the time of divorce.  This analysis is extremely fact-driven and requires an attorney who has in-depth knowledge of the recent case law addressing such situations. 

If you are currently in the process of divorce and negotiating maintenance, consideration should be given to your anticipated retirement date.  Planning in advance can alleviate post-judgment litigation and set some expectations for the termination of maintenance based on retirement.

 If you are currently paying maintenance and are considering retirement or in the process of negotiating a maintenance payment contact Nelson, Krueger & Millenbach, LLC at 414-258-1644 to speak with one of our attorneys regarding your specific situation. 

Avoiding the Divorce DUI!

nelsonda Custody and Placement, General Divorce , , , , , ,

Divorce is a stressful time for everyone. You go through many major life changes – you may be moving out of your house, divvying up your possessions, dealing with a slew of emotions, and trying to find time to see your kids while juggling your many obligations in life. We don’t all deal with the stress in the best way. Maybe you have a night off from the kids and you want to let off some steam from this divorce at the local bar. That’s got to be harmless, right?


A common issue in divorce cases that family law attorneys know all too well is the dreaded “divorce DUI.” In Wisconsin, a person can receive a “driving under the influence” (DUI) or “operating while intoxicated” (OWI) charge if they have been found to be driving while using alcohol or other drugs. Sometimes people going through divorce may cope with the process by drinking and find themselves criminally charged with driving under the influence or alcohol or substances, which can have severe consequences on their divorce case.


Importantly, any DUIs or OWIs received by an individual in a divorce case will be brought up during child custody and placement negotiations and litigation. Specifically, two of the factors that a court looks at in determining custody and placement are: (1) whether any of the parties have a criminal record; and (2) whether either party has or had a significant problem with alcohol or drug abuse. A DUI/OWI raises issues with both of these factors.


If you do receive a DUI/OWI during your divorce, that does not necessarily mean you will lose all placement time with your kids. The court will balance a variety of factors and look at the severity of your charge, as well as the actions you have taken to recover from that event. The court or your attorney will likely recommend that you engage in alcohol monitoring or testing, and may even suggest that you complete an AODA assessment or therapy to show that you are actively handling your drinking behavior.


Receiving a DUI/OWI during a divorce can also lead to additional financial stress, such as court penalties, fees, attorney fees, and any damages incurred by the DUI/OWI. You may also deal with the stress of attending additional court hearings, simultaneously handling separate family and criminal cases, and damaging family relationships.


Divorce is a hard time and “divorce DUIs” are far too common. Reach out to family and loved ones for support and remember that you are not alone during this time. Counseling and support groups can help tremendously. An experienced family law attorney can help navigate this occurrence and best help rehabilitate the consequences of a divorce DUI/OWI to protect you during your pending family law matter.


We’re also here to help! Call our offices at (414) 258-1644 to schedule a free consultation with an attorney at Nelson, Krueger & Millenbach LLC.