Practice Areas: Alimony
In Wisconsin, there is no specific formula for determining how much (if any) spousal maintenance will be awarded in a divorce. Wisconsin courts use the following factors to determine maintenance:
- The length of the marriage
- The age and the physical and emotional health of the parties
- The division of property
- The educational level of each party
- The earning capacity of each party
- The feasibility the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal
- The tax consequences to each party
- The contribution by one party to the education, training or increased earning power of the other
- An agreement between the parties
- An ability to pay by the party from whom maintenance is being sought
As you can see, the guidelines are broad and subjective. As with any divorce, the outcome depends largely on the experience and skill of the attorneys involved.
Related terms: Spousal support, maintenance.