One of the key components of many divorce law cases is spousal support, also known as alimony. The rules guiding alimony are set by statute and vary from state to state. Here’s what Wisconsin law has to say about spousal support and who is entitled to it.

Frequently Asked Questions About Wisconsin Divorce Law & Alimony

Do judges always award alimony?

No. Statutory law does not require that a spouse be awarded alimony. Judges have leeway when it comes to ordering who should pay and how much. They do not follow a specific formula.  

What factors are considered?

Perhaps the most important factor is the length of the marriage. When longer marriages dissolve, one spouse is more likely to need maintenance than if the couple was wed only briefly. Judges also consider the age, mental health, physical health, educational background, earning capacity of each spouse, and what assets and debts the spouses will have following the divorce. Other factors include tax consequences, pre- or post-nuptial agreements, and the likelihood that both spouses can soon become self-supporting.

What goals do judges seek?

What the judge attempts to do is to divide assets fairly and allocate net income equally. The purpose is to allow both spouses to meet budgetary needs and to live a quality of life that's substantially similar to one that they enjoyed before the divorce.

Does spousal maintenance last forever?

Not usually. In Wisconsin, spousal maintenance has a beginning and end date that is called the “term.” However, the receiving spouse can apply for an extension if they feel they’re unemployable or if the marriage had lasted a particularly long time, and the judge may set an indefinite maintenance period and leave that term “open.”  

What happens if maintenance is waived? 

If maintenance is waived by either party through a Marital Settlement Agreement (MSA), the party waiving it is forever barred from bringing alimony requests back in front of the judge to reconsider or reevaluate. There are instances where this is advisable, but before someone waives maintenance, it is recommended that they speak to an attorney to ensure that their legal rights are being protected as well as their future.  

To learn more about spousal maintenance in particular and divorce law in general, contact Luke A. Weiland, Attorney at Law in Wisconsin Rapids, WI. This attorney has been practicing law in Wisconsin since 2007, and he is very invested in bettering the lives of individuals contemplating divorce and people in his community—he is currently on the Board of Directors of the South Wood County YMCA, the Wisconsin Rapids Catholic Schools, and the Opportunity Development Center. Visit the firm’s website to connect with them online, or call (715) 422-6808 to arrange a consultation.