Wisconsin does not have a state statute requiring spousal maintenance. This article will discuss how you can get alimony considerations in your petition, and how you may combat against alimony considerations. We will answer the following questions:
- What is alimony?
- Does Wisconsin have alimony?
- Is alimony automatic in a Wisconsin Divorce?
- Can alimony be waived in Wisconsin?
- How do I file for alimony in Wisconsin?
- How is maintenance determined in Wisconsin?
- How can I avoid maintenance in Wisconsin?
- How is alimony paid in Wisconsin?
- What happens if I do not pay an order for spousal support?
By the conclusion of this article you should have a better understanding of how alimony works in a dissolution of marriage case in the state of Wisconsin. If you are involved in an alimony case or looking to better understand how alimony works, check out our guide on alimony and attorneys.
What is Alimony?
In a dissolution of marriage case, the court will attempt to maintain the standard of living As close to the standard that both parties enjoyed during the length of their marriage. For this purpose, the court may order one party to provide financial support to the other. These payments may be fixed monthly payments, or even a lump sum.
Does Wisconsin Have Alimony?
Yes, Wisconsin does have a statute regarding maintenance, and when it would be appropriate for a court to consider it. Wisconsin Statute § 767.56 provides a gender neutral law granting the court full discretion on entering an order requiring maintenance payments to either party for a limited or indefinite length of time subjection to many considerations. If you're involved in a alimony matter in Wisconsin, or believe you will be in the future, it's best to be up to date on the most recent changes to Wisconsin alimony laws.
Is Alimony Automatic in Wisconsin?
No, alimony is not automatic. The party needing alimony must petition for it. That party will have the burden of proving that they need the assistance and that the other party is able to provide such assistance. As mentioned above, whether the court grants an order for alimony is completely the judge’s discretion.
Can Alimony be Waived in Wisconsin?
Yes. A Marriage settlement agreement can be essentially whatever you negotiate it to be. The court is not required to consider maintenance in a dissolution of marriage proceeding. The court will only take the considerations required by the statute, when one of the parties petition for it. If both parties are willing to waive maintenance, then the court may bar each party from ever returning to court to request alimony in the future.
How do I file for Alimony in Wisconsin?
When you file your petition for dissolution of Marriage, you must include statements in your petition, demonstrating to the court that alimony will be required in your case for you to maintain the standard of living you enjoyed throughout your marriage. You must essentially demonstrate that the other spouse has had the benefit of a professional degree or higher education level that enables them to earn a larger income than your degree or earning power. If you were a stay at home parent or primary care taker of the children, in order to allow your spouse to advance in their career and earn more, the court may award you alimony.
How is Maintenance determined in Wisconsin?
Wis. Stat. § 767.56 includes 10 factors that the court will consider:
1) The length of the marriage.
(2) The age and physical and emotional health of the parties.
(3) The division of property made under the Marriage Settlement Agreement .
(4) The educational level of each party at the time of marriage and at the time the action is commenced.
(5) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
(6) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.
(7) The tax consequences to each party.
(8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
(9)The contribution by one party to the education, training or increased earning power of the other.
(10) Such other factors as the court may in each individual case determine to be relevant.
How can I avoid Spousal Maintenance in Wisconsin?
Considering that alimony is not required by statute, the best way to combat a petition that includes a request for spousal support is to demonstrate to the court that it is not required to maintain the status quo. This is obviously a case by case analysis that must be done and requires experienced knowledge of how the state of Wisconsin has applied the statute in the past. The court will consider the disparity in income of the parties as well as any other arrangements the parties have made. For instance, an order of maintenance may be avoided by releasing interest in some other asset or marital property. Modifying alimony payments after the legal order is issued involves bringing evidence forth that suggests a substantial change in finances or otherwise that would warrant a decrease, increase, or termination of alimony.
How is alimony paid in Wisconsin?
Alimony payments must be made directly to the State’s department or its designee. The party that obtains the order has the duty to file the order together with all the pleadings in the action with the clerk of court. Wis. Stat. section 767.57. Calculating Wisconsin alimony payments can be complex and depends on many different factors. Your attorney should be able to give you an accurate idea of what you should pay or receive for alimony in Wisconsin.
What happens if I do not pay an alimony order?
When payments are not made on time to the department or its designee, the county child support agency under the state statute or a circuit court commissioner of the county will enter a petition against the violating party to secure the payment of the sum. They may also include charges for the expense of bringing the matter to court. The petitioning party may even bring contempt proceedings against the person for non-payment.
Wisconsin does not have a statute that requires maintenance, and it does not have a statute to calculate maintenance. The court has almost unlimited discretion in its power to set a maintenance order. These alimony payments may last from a specific term of years to indefinitely. It is worth having attorneys in Wisconsin that know the law.
By hiring our firm, you are hiring attorneys that will fight for you. We know the law and are familiar with the issues. If you have any questions, please give us a call or visit our Madison location page.
If you're looking to learn more about the costs associated with divorce in Wisconsin, please click here.
If you are looking for a Wisconsin divorce attorney to assist you in this matter, please click here to find a Wisconsin divorce lawyer near you.
If you’re in the Madison, WI area, and are looking for an experienced Madison divorce attorney to assist you, please feel free to reach out to O’Flaherty Law of Madison at:
6527 Normandy Ln., Ste. 201A
Madison, WI 53719
(608) 581-9876
madison.wi@oflaherty-law.com
https://www.oflaherty-law.com/location/madison-wisconsin-attorneys
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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