Spousal Support

If you are going through a divorce, spousal support may be one the legal issues to be considered. Some States call this “alimony”, but in Wisconsin, it is call “maintenance”. Unlike child support, Wisconsin does not have statutory guidelines which control how much, if any, spousal support may be paid. Generally, the Judge will look at the length of the marriage, the relative earning capacity of the husband and wife, and a number of other statutory factors, such as the age and physical and emotional health of the parties;The division of property made in the divorce; the educational level of each party at the time of marriage and at the time the action is commenced; the feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage; the tax consequences to each party; and, the contribution by one party to the education, training or increased earning power of the other. If the issue of spousal support is raised and litigated in your divorce, it is important that evidence supporting your position is carefully assembled and presented. The attorneys at Aplin & Ringsmuth can help build a convincing case should this issue go to trial.

Maintenance can be awarded for a limited term, for a permanent term or for an indefinite term. Generally, the length of the marriage will have a significant impact on the possible term of maintenance. Long term maintenance is based on numerous factors including but not limited to, the marital standard of living, ability, length of marriage and need.