– from William S. in Barton, WI

Question Details:

I am looking at possibly filing for a divorce. I understand that I will likely pay maintenance since  I am the sole financial provider for my family. However, I know my wife will inherit a large sum from her parents once they are deceased. Is there anyway the judge could avoid the statute for maintenance and look at the future factors as her inheritance will outweigh my income?

Family Law Attorney Response:

Thank you for your question, unfortunately even if the future income is imminent, the court will not take that into consideration.

In State v. Wagner, 400 N.W.2d 519 (Ct. App. 1986), the court of appeals discussed statutes. When the language of a statute is clean and unambiguous, the statute must be interpreted on the bases of the plain meaning of its terms. Statutes dealing with the same subject matter must be read together and harmonized if possible.

If you have any more questions, feel free to call.

Trisha Festerling, J.D.

Family Law Attorney

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