Alimony, also known as maintenance in Wisconsin, is a common monetary award given to one party of a divorce. The specifics of these payments are determined by the court after hearing arguments from both spouses’ divorce attorneys. And in some cases, this money may not be awarded. Since this process can vary significantly from case to case, divorcing couples often have questions about how it works.

What to Know About Alimony

When is alimony awarded?

Alimony is typically awarded to an individual who has a valid claim to their ex-partner’s income. For example, courts are more likely to order maintenance when a marriage has lasted a long time, or one spouse earned less than the other.

The court will also consider specific circumstances demonstrated by divorce attorneys—such as how each party contributed to the financial success of the marriage.

How do courts determine the amount of alimony?

There is no strict system for deciding alimony amounts unless these terms were already established in a prenuptial agreement. Usually, the court will look at how much the recipient should get to meet their basic needs and maintain a comfortable standard of living.

How does alimony impact taxes?

The party receiving maintenance payments must claim the money as income on their taxes. The distributing party, however, can deduct these amounts to lower their tax liability.

Do alimony awards expire?

Maintenance can be ordered for as long as the court sees fit. If the recipient has critical support needs—such as managing a chronic medical condition—the award length may be indefinite.

In other cases, the court may base the term length on how long the recipient will need to reasonably establish their own income.

Can awards be terminated or modified?

Each party can file a motion to terminate or modify a maintenance order. For example, a recipient may request an extension if the payment is set to expire.

By contrast, distributing parties may be able to request termination or a lower payment amount if they are approaching retirement and expecting a decrease in income.

 

Staffed by experienced divorce attorneys, Osborne, Tripp & Schmidt is ready to help protect your interests if you’re legally ending a marriage. Well-versed in Wisconsin maintenance laws, these lawyers will establish a strong case for you to either receive or not pay alimony to an ex-spouse. They can also help with other related matters—such as division of property. To learn more about these divorce services, visit this Sparta, WI, law firm online. You can also call (608) 269-2400 to arrange a consultation with a dedicated professional.