Who is Spousal Maintenance For?

 Posted on February 12, 2024 in Divorce

Spousal maintenance can help one get back on track with their life after a divorce. The spouse who often receives the support is generally the one who earned less during the marriage or who has a lesser capacity to earn. An example would be a mother who gave up a career to stay home and take care of the children. Understanding how spousal maintenance is granted and why is crucial to one major issue following a divorce. An experienced divorce attorney can provide you with all the answers you need regarding such issues.

What is Spousal Maintenance?

Most often referred to as alimony, spousal maintenance is a monetary reward that one ex-spouse pays to another while the recipient undergoes job training or education in an effort to become job marketable. Maintenance can be indefinite in rare circumstances but is most often awarded for a limited time.

Types of Spousal Maintenance

Limited-term spousal maintenance is applied to cases where one spouse may be able to become self-supporting in the future. This type of maintenance is often reserved for those spouses who may undergo training or education to re-enter the workforce and earn a wage that provides financial independence. Wisconsin courts will determine how long the maintenance will last but may grant an extension if they feel it is necessary.

Indefinite maintenance is most commonly reserved for long-lasting marriages of 20 years or more. Spouses who are unable to attend training or receive education to enhance their employment prospects due to advanced age or health issues may also be awarded indefinite maintenance.

Temporary maintenance is a possibility for spouses who require upkeep during the divorce process. However, once the divorce is finalized, the temporary maintenance is removed and, if granted, temporary or indefinite maintenance begins.

How Spousal Maintenance is Determined

For a soon-to-be ex-spouse to be awarded maintenance they must show a reason why they need the support. The other spouse will also require the means to make those payments. The courts will use many factors in their final decision on whether or not spousal maintenance is appropriate. These factors can include:

• Marriage duration

• Age, health, and education level of both spouses

• How much the supported spouse has the capacity to earn

• Children and child support payments

• How possible it would be for the supported spouse to become self-supporting

• Both spouse’s assets

• Agreements between spouses concerning maintenance

Contact a Brookfield, WI Divorce Attorney 

Spousal maintenance is not guaranteed for either spouse. However, working with an experienced Muskego, WI spousal maintenance lawyer can help calculate what you could earn and guide you throughout the divorce process. Contact Bucher, Wolff & Sonderhouse, LLP for a free consultation concerning your case at 262-232-6699.