Alimony During Divorce: Secure Your Finances with Support in Wisconsin

When it comes to securing alimony during divorce in Wisconsin, several essential criteria must be met. While there is no hard and fast rule, certain norms guide this process. Primarily, your marriage should typically span more than 10 years, and there should be a substantial income disparity between you and your spouse.

Alimony During Divorce: Understanding Alimony in Wisconsin

Alimony, also known as maintenance or spousal support in Wisconsin, is a financial arrangement where one spouse makes payments to the other after divorce. Its purpose is to balance potential economic disparities that may arise post-divorce, ensuring both parties maintain an equitable standard of living. Alimony aims to establish financial equality between divorcing spouses. For example, it can support a spouse who sacrificed their career to enhance the other’s professional growth.

During every divorce in Wisconsin, a Financial Disclosure is conducted. This document plays a crucial role in determining alimony and property division.

Alimony During Divorce: Factors Considered by Wisconsin Courts

Wisconsin courts take several factors into account when determining alimony during divorce, primarily based on the length of the marriage:

1. Length of Marriage: The duration of the marriage plays a significant role. A marriage exceeding 10 years often triggers alimony consideration.
2. Health and Age: The physical and emotional well-being of both spouses are considered.
3. Property Division: If there’s a significant amount of separate property, the court may award alimony instead of property.
4. Educational Levels: The educational background of both parties at the time of marriage and divorce is examined.
5. Earning Capacity: Factors such as work experience, absence from the job market, custodial responsibilities for children, and the expenses necessary to secure employment are evaluated.
6. Potential for Self-Support: The court assesses whether the party seeking maintenance can become self-supporting.
7. Tax Consequences: Tax implications for both parties are considered.
8. Pre-existing Agreements: Mutual agreements made by the parties before or during the marriage can influence alimony.
9. Contribution: Any contribution by one party to the increased earning power of the other is taken into account.
10. Other Relevant Factors: The court may consider additional factors deemed relevant to the specific case.

Given that Wisconsin lacks a specific formula for alimony calculation, understanding what the law considers “equitable” is vital. Your alimony order should account for all income and expenses related to the marriage and consider various aspects such as age, health, and earning potential. An equitable order ensures you do not bear an undue financial burden in the future.

Frequently Asked Questions about Alimony During Divorce

1. How long must you be married to receive alimony in WI?

• The length of alimony depends on the marriage’s duration. Generally, marriages exceeding ten years may result in alimony for half the length of the marriage. However, judges have discretion, and alimony could be awarded in shorter marriages.

2. How can alimony be avoided?

• Alimony can often be avoided by demonstrating that the other party is self-sufficient. If they possess the skills and education to generate substantial income, alimony may not be necessary.

3. How is alimony determined?

• Alimony is determined based on various factors, known as the alimony factors. These include marriage length, property division, and each party’s earning capacity.

4. Who pays alimony in a divorce?

• The party with a higher income or significantly more assets typically pays alimony. However, it’s important to note that alimony is not mandated in every divorce case.

Navigating alimony during divorce can be complex, but understanding the criteria and factors involved is crucial. If you require assistance or have further questions, our team of experienced attorneys at Dahlberg Law Group, including Attorney Latrice Knighton and Attorney Paul Santilli, is here to provide guidance. Contact us today to ensure you receive the financial support you need during this challenging time.

For step-by-step guidance and access to necessary forms, refer to the Wisconsin Court System Instructions and form downloads.