Understanding Spousal Support (Alimony) in Wisconsin
What Women Need to Know
Understanding Spousal Support (Alimony) in Wisconsin
What Women Need to Know
Divorce can bring significant financial changes, and for many women, securing spousal support (alimony) is essential to maintaining financial stability post-divorce. In Wisconsin, alimony is awarded based on several factors to ensure fairness and financial security for the lower-earning spouse. If you’re navigating a divorce in Milwaukee, understanding your rights regarding spousal support can help you make informed decisions about your future.
What is Spousal Support (Alimony) in Wisconsin?
Spousal support, commonly referred to as alimony, is a court-ordered financial payment made by one spouse to the other after a divorce. Unlike child support, which follows a strict formula, alimony is determined on a case-by-case basis. Its purpose is to help the lower-earning spouse maintain financial stability, especially if they sacrificed career opportunities during the marriage.
Types of Alimony in Wisconsin
Wisconsin recognizes several types of spousal support, depending on the financial circumstances of both parties:
Temporary Maintenance: Granted during the divorce process to help the lower-earning spouse cover immediate expenses until a final settlement is reached.
Limited-Term Maintenance: Awarded for a set period, often to allow the recipient to gain financial independence through education or job training.
Indefinite Maintenance: Reserved for long-term marriages (typically 20+ years), where one spouse may never be able to achieve the same standard of living as they had during the marriage.
How Wisconsin Courts Determine Alimony
Unlike some states, Wisconsin does not use a fixed formula to calculate alimony. Instead, the court considers multiple factors, including:
Length of the marriage (Longer marriages are more likely to result in alimony awards.)
Each spouse’s earning capacity (Income, education level, work experience, and employment prospects.)
Contributions to the marriage (Including homemaking, childcare, and supporting a spouse’s career advancement.)
Age and health of both spouses (A spouse with health issues or nearing retirement may receive more support.)
Property division and financial resources of each spouse (If one spouse received significant assets in the divorce, alimony may be lower.)
How Women Can Strengthen Their Alimony Case
If you are seeking alimony, presenting a strong case is essential to securing the financial support you deserve. Here’s how:
Document Your Financial Contributions: Whether you were a stay-at-home mother, managed household finances, or supported your spouse’s career, gather evidence of your contributions.
Show Your Financial Need: Provide detailed records of your monthly expenses, debt obligations, and anticipated post-divorce income to demonstrate your financial needs.
Consult a Skilled Divorce Attorney: A legal expert like Women's Divorce & Legal Clinic can help you present a compelling case and advocate for fair spousal support terms.
Modifying or Terminating Alimony
Alimony is not always permanent. Wisconsin courts allow for modifications if there is a significant change in circumstances, such as:
The recipient spouse remarries or cohabitates with a new partner.
The paying spouse experiences a job loss or financial hardship.
The recipient spouse becomes financially self-sufficient.
Take Control of Your Future
Navigating spousal support negotiations can be overwhelming, but with the right legal guidance, you can secure a fair settlement that provides financial stability. Jaime Young is dedicated to helping women protect their financial well-being during and after divorce.
Book a Free Consultation Today
Don’t leave your financial future to chance. Schedule a free consultation with Women's Divorce & Legal Clinic today to discuss your spousal support case and get expert legal advice tailored to your unique situation. Click here to book your free consultation now.
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Clara H.
Very professional. Went above and beyond and took a personal interest in my case. Always fought for the right thing and the fair thing. While I sincerely hope I will never need a divorce attorney again, I will always recommend Women's Divorce to anyone I know who needs those services.
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Jamie is very kind and her assistant Trinette is very helpful too! Their rates were very reasonable (compared to other lawyers) and there were no hidden fees. Just be prepared if your going through a nasty domestic violence divorce, it's a chaotic journey and it is very frustrating and extensive. Not due to the lawyer, due to the current wisconsin laws and a lot of just situational things.
FAQs
Your Top Questions Answered Compassionately and Clearly
What is a no fault divorce and who can start it?
A no fault divorce is started by one of the parties because that person no longer wishes to be married. To qualify, a party must be a resident. That means they must live in the state at least 6 months and county for 30 days before commencing the action to start a divorce or legal separation action.
How long does a divorce usually take?
Generally about 5 months.
What if I need financial assistance (child/support/maintenance) right away?
You can have a hearing before the Family Court Commissioner within approximately four weeks.
What issues are decided in a divorce or legal separation?
Custody, placement, child support, alimony, health insurance, life insurance, tax exemption, property division.
What is custody and placement?
Custody involves health, education and welfare issues and placement involves where the children reside.
Paternity Actions
Paternity establishes that a man is the father of a child. Paternity is important to determine parental rights and responsibilities. Our attorneys can help you start an action to establish paternity and protect your child's legal rights.
Child Custody
Legal custody refers to the rights of a person to make major decisions concerning a child. These decisions include: education, medical treatment, religion, consent to marry, enter the military, get a driver's license, choose a school, and give authorization for non-emergency healthcare, among other things. There is a presumption that joint legal custody is in the best interest of the child. Custody disputes can be very contentious and painful. We are there for you when you need someone to look out for your interests.
Placement
In cases when both parents want to have primary placement of the children, the steps that take place involve mediation and can end with the appointment of a Guardian Ad Litem (attorney that represents the children).
Child Support
Child support is determined by income and time spent with a parent. Our attorneys will work to ensure that your child receives they are entitled to.
Family Law Practice Areas
Divorce
Legal separation
Arbitration
Paternity
Post judgment modification of orders/judgment
Child custody, child placement, and visitation
Child support
Spousal support (alimony/maintenance)
Property and debt division
Protection of gifted and inherited property
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