It is a common myth that a spouse is entitled to maintenance simply because the marriage is ending. If you are going through a divorce in Wisconsin, you must shed this misconception immediately. Understanding this crucial legal issue is the first step in protecting your finances, as it means you must actively build a case (or defense) for or against spousal support.
Alimony does not happen by default
Maintenance payments serve two main objectives:
- Support objective: This aim is to ensure the receiving spouse has enough money to maintain a reasonable standard of living after the divorce.
- Fairness objective: This objective acknowledges that marriage is an economic partnership where both spouses contribute, even if only one earns a paycheck.
If these two goals are met, courts may grant an order for spousal support depending on fairness and need.
For instance, limited-term maintenance can help one spouse become financially independent. In longer marriages, indefinite maintenance, especially if one spouse has limited earning potential due to age or health issues, may be more applicable. Courts also order maintenance payments in a lump sum or through periodic payments.
The bottom line is that courts will not simply impose a payment order without reviewing the facts of your marriage.
Factors that affect determinations
These are some of the most critical factors courts must consider when deciding on alimony:
- The length of the marriage
- The age and the physical and emotional health of both spouses
- The division of property between the parties
- The educational level of each party at the time of marriage and at the time of the divorce action
- The earning capacity of the party seeking maintenance
- The ability of the recipient spouse to become self-supporting at a comparable standard of living
- The contribution of one spouse in helping advance the other’s education or career potential
- Any mutual agreements the parties made before or during the marriage
These factors determine if an income disparity exists and if one spouse truly needs support to continue their life. The absence of an automatic formula means you cannot predict the outcome of your case without careful analysis.
It is crucial to note that courts will not consider marital misconduct, such as infidelity, as a relevant factor when setting spousal support.
Safeguard your financial future
Because state law does not contain an automatic maintenance rule, you will need to organize and effectively present all relevant financial and personal history. You owe it to yourself to approach this process with all the information you can gather.
Divorce impacts your life for years to come, and spousal support is a crucial part of your long-term stability. The most desirable path forward involves understanding your rights and preparing a strong strategy when this aspect of divorce is a potential point of contention.