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Will I Receive Spousal Maintenance After My Wisconsin Divorce?

Posted on in Family Law

New Berlin spousal maintenance attorney

In today’s modern American families, it may not just be the husband who is the breadwinner for the family. Now, it is not uncommon for both spouses to have a job that equally provides for their family. This is why it can be so difficult for some people after a divorce. Instead of living off of two incomes, it can be an adjustment to learn how to manage with just one income. In some cases, there may be a significant inequality in how much money each spouse makes and contributes to their family. In these kinds of situations, it is not uncommon for one spouse to petition for spousal maintenance in a Wisconsin divorce. 

Factors Used to Determine if Spousal Support Is Awarded

It is never guaranteed in any divorce case that there will be spousal maintenance involved. If a spouse files a petition for maintenance, then the court will conduct a hearing to determine whether maintenance should be awarded. The factors the court uses to determine this include:

  • How long the marriage lasted

  • The age of each spouse

  • The physical and emotional health of each spouse

  • How the marital property was divided

  • The educational level of each spouse when the marriage began and when it ended

  • The earning capacity of the spouse who is seeking maintenance

  • Any impedance of that earning capacity, including carrying out parental responsibilities for any children during the marriage or after the divorce

  • Whether or not the spouse seeking maintenance can be self-supporting and enjoy a standard of living that is reasonably comparable to the lifestyle during the marriage

  • The tax consequences each spouse could face

  • Whether or not either spouse contributed to the education, training, or increased earning power of the other 

Spousal Maintenance Payment Amounts

Unlike the majority of other states, the state of Wisconsin does not have a set formula that is used to determine the amount for spousal maintenance payments. If it is determined that spousal support is appropriate, the amount will be determined using the factors described above. The length of time for which the payments are made is also up to the court’s discretion. Depending on the length of the marriage and other factors, the payments could either be for a set period of time, or they may last indefinitely.

Contact a Muskego Divorce Attorney 

In many Wisconsin divorces, a spousal maintenance award may be appropriate. Whether you are the spouse who is petitioning for financial support, or you are the party who is expected to pay maintenance, the knowledgeable legal team at Wolff & Sonderhouse, LLP is here to assist you. As skilled Waukesha County spousal maintenance lawyers, we have 40 years of combined legal experience to guide you through the divorce process. To schedule a free consultation, call our office today at 262-232-6699. We are available 24/7. 

 

Source:

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

 

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