Brookfield, WI Spousal Maintenance/Alimony Attorney
Spousal support is often one of the most highly contested aspects of any Wisconsin divorce, as two parties can generally never come to an agreement about how much maintenance a spouse really needs or even if maintenance is necessary. Fortunately, unlike with child support, the family courts typically have a significant amount of authority over maintenance awards, and judges can use their discretion when setting an amount. For this reason, it is imperative that you work with a Brookfield, WI, spousal support attorney who can help you ensure that the award you either receive or have to pay is fair for all parties.
Factors That Affect Spousal Maintenance Awards
Though judges can use their own discretion when determining spousal support awards, there are certain factors that each must consider when deciding for how long and how much a spouse must pay maintenance to the other. Some such factors include the following:
- The duration of the marriage;
- The way in which property was distributed;
- The education and earning capacity of each parent;
- The ability of each spouse to work; and
- Each spouse’s age and physical and emotional health.
Of course, a judge may only consider these factors when spousal support is a question. Unlike the few remaining states in which spousal support is a necessity in some instances (Florida being one such state), Wisconsin does not require spousal support to be awarded in any instance. One spouse may request maintenance, in which case the judge would consider the aforementioned factors, but if both parties agree to forgo support, the judge is not required to force the issue.
If you and your spouse agree at the time of your divorce to forgo spousal support, be sure to get the agreement in writing. If you and your spouse have a prenuptial agreement that waives maintenance, be sure to present a copy to the judge presiding over your case. Without a copy of the agreement, the agreement does not technically exist, in which case one spouse may request and even be awarded maintenance.
Why You Should Work With a Spousal Support Attorney
If you and the other party cannot come to an agreement on any matters concerning spousal support, retain the help of an experienced Brookfield spousal support lawyer. A judge will be called upon to help resolve the issue and make a determination based on the aforementioned factors. You can strengthen your case by working with an attorney who understands which factors are most important in any given situation and provide the evidence necessary to bolster your standing. Whether you are a possible recipient or a possible payor, you can benefit greatly from the help and guidance of a skilled Brookfield spousal support lawyer.
Contact MacGillis Wiemer, LLC, Today
Spousal support can last for mere months or can be indefinite. For this reason, it is important that you consult an experienced lawyer regarding your situation and allow him or her to work on your behalf to obtain an outcome that is financially feasible for both parties. If you are in the midst of a spousal support debate or anticipate one to come, contact MacGillis Wiemer, LLC, today.