Will a WI court award maintenance if I used to work full time? | Sterling Law Offices, S.C. global $post;
Call for Immediate Assistance - (262) 221-8123 Book My Consult

– from Anna N. in Newburg, WI

Question Details:

My husband and I met working at the same company, holding the same position. When we were married, he quit and went to school to become a CRNA. I supported the both of us for the next several years. After he graduated and became employed, I switched to part-time work over the next several years while he became the bread-winner, so to speak. Now he wants a divorce. I don’t even have a full-time job. Am I entitled to maintenance?

Family Law Attorney Response:

More than likely, you will receive a maintenance award. There are several reasons for this. One is the duration of your marriage. Second is the sacrifice you made to ensure your family’s future. Third is because the law states that you should be able to enjoy a quality of life that is comparable to your standard of living during the marriage.

This is demonstrated in the case of Kildea v. Kildea 143 Wis. 2d 108, 420 N.W.2d 391 (Ct. App. 1988). This was a similar situation where the wife had supported the family during the husband’s schooling to become a nurse. She then switched to part-time work while he supported the family primarily. The court looked at these three reasons, among others, and concluded that she was entitled to maintenance and 50% of their property.

Call an attorney and schedule a meeting. Discuss your circumstances in detail with him/her before proceeding.

Trisha Festerling, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image