Bill would end maintenance upon remarriage

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State lawmakers approved a bill Tuesday that would require divorcees to provide notice to courts of a new marriage, triggering a cessation of maintenance payments.

The Assembly Committee on Family Law gave the proposal, Senate Bill 68, a unanimous approval.

The bill, introduced by state Sens. Glenn Grothman, R-West Bend, and Fred Risser, D-Madison, would mandate that court orders for maintenance contain a requirement that the recipient of the aid notify the court of a new marriage. Once a court learned of a remarriage, it would have to order a cessation of maintenance payments to the recipient.

Margit Kelley, council to the Legislature, said current law requires payers of maintenance to notify the courts of a recipient’s remarriage, but does not require the same of recipients.

She said the law was written under the assumption that recipients would have little incentive to tell the courts of a new marriage, because furnishing such information would cause them to stop receiving maintenance payments.

Beyond the notification requirement, Senate Bill 68 would also have maintenance payments cease upon the death of a payer or recipient. Kelley said the change was proposed in response to Internal Revenue Service rules would ensure payers are able to take a deduction from the payment amounts from their federal income taxes.

To become law, Senate Bill 68 still must be approved by the state Assembly and Senate and signed by Gov. Scott Walker.