We can help you understand this process and protect your rights. Call our Waukesha office at 262-547-2757 or use our online form to request an appointment with an experienced alimony lawyer.
Alimony or spousal maintenance in Wisconsin, is an amount of money paid from one spouse to the other during and after a divorce. Unlike child support, there is no calculator, and there is no set formula for payments. Every case is unique and different. How much will be paid and the length of time that it will be paid for can vary, or it may not be ordered at all.
Judges will consult a statutory list of 10 factors that cover a very broad spectrum of elements, such as the length of the marriage, the parties’ health, the division of property, the spouses’ educational levels and the earning capacity of each member of the couple.
Generally, a spouse who has been married for many years, has handled the child-rearing duties and has not worked outside the home during that period is more likely to receive maintenance than a spouse married for a very short time and who has had a job during that period. But every case will be different and will depend on the specific details of each factor.
Under Wisconsin Statutes § 767.56, courts evaluate spousal support on a case-by-case basis. Because family law courts do not use a strict calculator, maintenance awards are tailored to the distinct financial realities and personal dynamics of each marriage. Guided by the landmark Wisconsin Supreme Court precedent LaRocque v. LaRocque, which established that maintenance must fulfill both a support and a fairness objective,, a judge may award one of four primary types of support.
Because every marriage involves unique financial contributions and future needs, Wisconsin’s flexible framework allows judges to craft an equitable solution that accounts for both parties’ long-term financial stability.
At Thelen & Associates, LLC, we are lawyers who have a great deal of experience helping clients with divorce and spousal maintenance issues. We will work with you to create evidence-based, factual arguments for every element of your spousal support claim. Because of the exceedingly broad discretion offered to a judge in deciding this issue, it is critical that you have compelling arguments for your case.
In addition, we represent clients with post-judgment actions and modification procedures managed by the Wisconsin Court System and the Wisconsin Department of Children and Families.
Our experienced firm is here to help at Thelen & Associates, LLC, so below are a few of the questions we see most often regarding alimony and spousal support:
Yes, these are all terms for the same thing under Wisconsin law. “Alimony” is perhaps the most common term, but they all refer to support money paid from one spouse to their ex after a divorce. This is done to keep a spouse with fewer assets and a lower earning capacity from encountering financial hardship after the divorce.
Spousal support is typically awarded when the parties have significantly different incomes and resources. The court will weigh numerous factors when awarding support. These may include the length of the marriage, each person’s educational level and work background, the roles each person had during the marriage, previous financial agreements, how other property gets divided and more. For instance, if someone dropped out of the workforce 20 years ago to raise the couple’s children, they may receive support because it is harder for them to suddenly reenter the workforce.
Wisconsin courts determine spousal support levels on an individual basis in every case. It will depend on the details of the case and the factors noted above. But never assume that the payments applied in one case will also be applied in another. There is no set percentage used in every divorce, for instance.
Generally, spousal support lasts until the other spouse can support themselves. The length of the marriage often plays a role – support usually isn’t issued for a longer duration than the marriage itself – but there is no set time limit. Once again, each case is unique.
We can help you understand this process and protect your rights. Call our Waukesha office at 262-547-2757 or use our online form to request an appointment with an experienced alimony lawyer.
