How is Alimony Awarded In Wisconsin?

Alimony or Spousal Maintenance is not guaranteed in the state of Wisconsin. The courts have “broad discretion.” Learn from Attorney Austin Miller of Sterling Lawyers what factors the court considers and why it’s important that your attorney knows how the court or judges in your county look at alimony.

In Wisconsin, it is important that you understand that there isn’t a clear formula for how alimony is calculated. As stated by Attorney Austin Miller in the above video, it can come down to the county in which your case is heard. Your attorney knowing how that court and its judges look at alimony, or what is also called spousal maintenance, will be important as your case goes forward.

A couple of the factors that can affect the amount of alimony you can receive or owe to your ex spouse are the number of years you were married and what each spouse earns.

There may not be alimony awarded if the marriage didn’t last more than 10 years. This isn’t a hard rule, it is typically the normal amount of time you will need to be married before alimony is considered. Additionally, the court will look to award alimony when there is a large disparity of income between the spouses.

Other factors that will be considered are age and health, earning capacity, previous agreements made prior to or during the marriage, contributions by a spouse to the earning capacity of the other spouse, and the education level of each spouse before the marriage and at the time of the divorce.

The purpose of alimony is to even out the impact of the divorce on the lesser earning spouse. The legal basis of spousal maintenance as it is called in Wisconsin is to provide financial equality after the divorce and when the combined income is no longer being brought into a single household.

Due to the broad discretion of the courts and the many factors that can determine the amount of alimony to be owed, it is best that you have an attorney that knows the court and judges of your county. It is also valuable to have an attorney that is skilled at navigating and negotiating fair outcomes when it comes to alimony.