Is there a set formula for maintenance in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Nicole V. in Hartford, WI

Question Details:

I am currently looking at getting a divorce with my husband. I am worried about the property division split after the divorce. During the beginning of our marriage, my husband went to law school and I worked as a fitness instructor. Once done with law school, my husband and I agreed I would be a stay at home mother. I know courts do allow maintenance, however I feel I will need more than what I read the courts generally give. Is there any formula for maintenance or is it more the courts discretion based on the case?

Family Law Attorney Response:

Thank you for your question. To put it briefly, there is no set formula the court uses when deciding how much in maintenance someone should allow.

In the case of Haugan v. Haugan 117 Wis.2d 200, 343 N.W.2d 796 (1984), a wife asked if she could have her maintenance heightened as her husband graduated medical school during their marriage and she would not have the same lifestyle if she did not have more maintenance from her husband. The Supreme Court of Wisconsin discussed how there is no set formula when assigning maintenance, as each case is complex.

However, where the marriage terminates before the parties benefited economically from a university degree or license acquired during the marriage, an award of 50 percent or high is unlikely. If both parties benefited well from the university degree, then there is a higher chance a maintenance award of 50 percent or higher will be allowed.

I would like to hear more details regarding your request for a higher maintenance and see how much you have benefited from your husbands degree. Give me a call so we can go discuss this.

Dan Exner, J.D.

Family Law Attorney

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