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Bucher Law Group, LLC

Will I Get Alimony After My Wisconsin Divorce?

Posted on in Divorce/Family Law

Delafield spousal maintenance lawyerNot all divorces will involve spousal maintenance, also known as alimony. In the 1960s, around 25 percent of divorce cases involved an alimony award, while today that number is somewhere around 10 percent. In Wisconsin, that number is estimated to be even lower, with only an estimated 8.6 percent of divorces involving spousal maintenance. When alimony was more common in divorce cases, it was mostly awarded to women who had expected to be stay-at-home parents or homemakers for life and who would rely on alimony as their only source of income post-divorce. Today, alimony is only awarded in special circumstances. Though it is not impossible to think that you may receive spousal maintenance payments, it is rare, especially in Wisconsin.

Is a Spousal Maintenance Award Warranted?

If you end up going to court to determine whether or not spousal maintenance will be awarded, the judge will look at a variety of factors before making their decision. These factors can include:

  • The length of the marriage.

  • The age and physical and emotional health of each spouse.

  • How property was divided between the spouses.

  • The education level of each spouse when they were married and at the time of the divorce.

  • The earning capacity of the spouse seeking maintenance.

  • The tax consequences to each spouse.

  • Whether or not it is feasible for the spouse seeking maintenance to become self-supporting at the standard of living that was enjoyed during the marriage and how long that will take.

  • Any mutual agreement that was made prior to or during the marriage, such as a prenuptial or postnuptial agreement.

  • The contribution by one spouse to the education, training, or increased earning power of the other spouse.

  • Any other factor that the court deems to be relevant.

The judge also has the discretion to choose how long the maintenance payments will last. According to the Wisconsin statute, maintenance payments can last for a specific period of time or they can last indefinitely.

A Waukesha County Spousal Maintenance Attorney Can Help

Spousal maintenance can be a contentious issue in a divorce. At the Bucher Law Group, LLC, we represent both clients who are seeking spousal maintenance and those who are trying to protect their earnings. Our skilled Waukesha, WI spousal maintenance lawyers can help you determine whether or not a spousal maintenance award is appropriate for your divorce case. Call our office today at 262-303-4916 to schedule a free consultation.

 

Sources:

 

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

 

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