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A divorce can lead to a variety of financial difficulties for both parties. While spouses will need to make adjustments to ensure that they will be able to support themselves individually instead of using a combined income, there are some situations where one party may be at a financial disadvantage. If one spouse earns a lower income, or if they are a stay-at-home parent who does not work outside the home, spousal maintenance may be appropriate. In these situations, a spouse may ask for ongoing support payments from their former partner. By understanding how Wisconsin law addresses this issue, divorcing spouses can understand their rights and determine how they can protect their financial interests.
Understanding Issues Related to Spousal Support
When it comes to spousal maintenance, Wisconsin’s divorce laws are fairly broad. Judges have a great deal of leeway to determine when this form of support will be appropriate, how much will be paid, and how long payments will last. The law lists a number of factors that should be considered by a judge when they look at whether to award spousal maintenance, and these include the age and health of both parties, how their financial situations will be affected by the division of marital property, and whether they have made any agreements about this issue, such as a prenuptial agreement.
Some of the most important issues that a judge may consider involve the earning capacity of the spouse who is asking for maintenance. The judge will look at the spouse’s education, job training, and employment skills, while also considering whether they have been out of the job market for a significant period of time, whether the decisions made about child custody and placement have given them responsibilities that will affect their ability to work, and whether they have the means to pursue education or training that will allow them to find employment. The judge may also consider whether either spouse has contributed to the other spouse’s education or training in a way that has increased that spouse’s earning capacity.
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It is not uncommon for there to be a number of disagreements between a couple who is going through a divorce. While there are often personal issues lingering that caused the divorce to begin with, the couple must now decide how their married life will be divided – including child custody, division of marital assets and debt, child support, and more. This can result in even more disagreements and acrimony. Unfortunately, in many cases, even after the divorce has long been finalized, one spouse may still refuse to comply with the court’s orders. In these situations, the other spouse can seek the assistance of a Milwaukee County family law attorney in taking the
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