Spousal Maintenance Attorneys in Madison
Spousal support in the state of Wisconsin is called “maintenance,” and is comparable to what is called “alimony” in other states. It refers to the payments that one ex-spouse makes to the other during or after a divorce or legal separation. Unlike child support, there is no exact formula to determine if maintenance is appropriate or how much, if any, should be awarded.
The amount and duration of maintenance lies in the discretion of the court, after analyzing a host of statutory factors. For that reason, the awarding of maintenance is one of the most difficult outcomes to predict in the context of a divorce.
The court will examine the parties’ situation in light of ten statutory factors, one of which is length of marriage. After considering the factors, the court will decide if maintenance is appropriate, how long the award of maintenance should last, and how much maintenance should be received. An award of maintenance may be modified if the parties’ circumstances substantially change.
Other factors that are taken into account when a judge makes a decision about maintenance include:
- The age and physical and emotional health of the parties.
- The feasibility the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.
- Education level and earning capacity of the party seeking maintenance.
- The contributions one spouse made to the other’s education or increased earning ability.
Our lawyers at Balisle Family Law Legal Counsel, S.C. are well-versed in Wisconsin maintenance case law. Whether through negotiation, mediation, arbitration, or litigation, our family lawyers are here to help you determine how best to preserve your financial security.