Fighting For Fair And Adequate Spousal Maintenance In Milwaukee
Divorce, or legal separation, is a time of new beginnings for many people. These beginnings can be fraught with financial hardship as the reality of living on one income rather than two is realized.
Spousal maintenance allows a party to a divorce or legal separation to request the court to order the other spouse to financially support them for a period of time. The spousal support attorneys at Laster & Associates have assisted many clients in obtaining spousal support and are here to help you.
How A Wisconsin Court Determines An Award Of Spousal Maintenance
A spouse is entitled to request spousal support (also known as “maintenance”) as part of a divorce action or a legal separation. The court may award maintenance for either a limited or indefinite period of time. In reaching the decision of whether to award spousal maintenance and how much, the court considers the following factors:
- The earning capacity of each spouse
- The level of education each party has obtained
- The likelihood that the party requesting support will become self-supporting at a level and standard comparable to that experienced during the marriage
- The tax consequences associated with the award for both parties
- Whether the spouses had a pre- or postnuptial agreement regarding spousal support
- Whether one spouse contributed to the education or training of the other party and whether that contribution increased the earning capacity of the other spouse
- The duration of the marriage
- The age and health, both physical and emotional, of the parties
- How the marital property was divided between the spouses
- Any other factor the court deems relevant to the matter
The process is overwhelming, which is why it is important to discuss your case with an experienced spousal support lawyer from Laster & Associates and to have professional legal representation in your divorce matter. Our attorneys understand the law and know how to make the arguments to achieve the results you deserve.
Frequently Asked Questions About Spousal Support
Do not let misinformation cause you problems. Here are the answers to some important questions:
How long does spousal support last in Wisconsin?
There are no specific guidelines in Wisconsin law, so each spousal support case can be unique. Several factors may be considered such as:
- The age and health of each spouse
- Their education, skills and earning capacity
- Their separate income and resources
- Each party’s contributions to the marriage
- The care and custody of minor children
Perhaps the biggest factor courts consider, however, is the length of a marriage. Spousal support is typically only granted if a marriage has lasted for more than 10 years. When a marriage lasts between 10 and 20 years, spousal support is typically for half the length of the marriage, and it can be indefinite when a marriage exceeds 20 years.
What types of alimony are there in Milwaukee?
Wisconsin has five types of alimony, including:
- Temporary support: Spousal support during a divorce that ends when the divorce is finalized.
- Permanent support: Spousal support that can last indefinitely or until a spouse dies, the recipient remarries, or the court modifies or terminates the order.
- Reimbursement support: Spousal support that is paid until a predetermined amount is met.
- Lump-sum support: Spousal support paid in one complete payment.
- Rehabilitative support: Spousal support for a specific period to help a spouse return to work or seek education.
An attorney can help you better understand what may be appropriate in your case.
Can spousal maintenance be modified or terminated after the divorce is final?
Yes. This typically occurs when the paying spouse becomes disabled, retires or dies, or has a substantial reduction in income for another reason, or when the recipient spouse either has a substantial change in income or remarries.
What happens if the paying spouse misses a maintenance payment?
A spouse may miss or refuse to pay spousal maintenance. When this happens, the recipient may file a legal claim to enforce the payment. A court may fine or garnish the payee’s wages as a result.
We Are On Your Side. Reach Out Today.
Do not wait until you find yourself financially struggling to request spousal support; we offer a FREE initial consultation where we will discuss the facts surrounding your case today. We work with clients in Milwaukee as well as Washington, Walworth, Ozaukee and Waukesha counties. Contact our office to schedule your appointment. Call us at 414-973-1945 or send an email using this form to get started.