– from Karen D. in Wales, WI

Question Details:

My husband and I were married for thirty years. During that time, I raised two children and worked part-time as a waitress while he worked as a business owner of a local bar. He also worked partially with his sister at her restaurant. We filed for a divorce and I want to receive maintenance as I worked very sparingly while raising two children and he works full-time. I am also hoping he covers the attorneys fees for both of us. Is this possible?

Family Law Attorney Response:

Most people are rewarded maintenance based on facts for each specific case. To that end, I would like to hear more details concerning your case.

In Lewis v. Lewis 113 Wis.2d 172, 336 N.W.2d 171 (Ct. App. 1983), the court of appeals decided that the trial court has discretion to test of the amount of time limitation for the payment of maintenance. The decision must be made based upon facts appearing in the record and reliance on applicable law. The court also discussed attorneys' fees. In relation to attorneys' fees, the trial court must look at whether the spouse receiving the award needs the contribution, the spouse ordered to pay has the ability to do so, and the total fee is reasonable.

I hope this answers your question. If you want to talk more, give me a call so we can set up a time to discuss.

Dan Exner, J.D.

Family Law Attorney

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