Fox Point, WI Spousal Maintenance/Alimony Lawyer
Divorce raises a lot of financial concerns, one of which is spousal support. For the lesser earning spouse, alimony may be just what he or she needs to maintain a comfortable lifestyle and/or pay the bills until he or she becomes financially independent. For the higher earning spouse, spousal maintenance may be a huge financial burden. For these reasons and many other personal ones, alimony is a huge source of conflict in any Wisconsin divorce. That said, unlike child support, alimony is not a given, and family law judges are permitted to use their own discretion when deciding whether or not to award alimony, how much to award, and for how long. Our Fox Point spousal maintenance attorneys at MacGillis Wiemer, LLC can help you build your case for or against alimony. Whether you wish to be awarded alimony or do not believe alimony is necessary, contact our law firm to discuss your rights and options today.
Factors That May Affect Spousal Support
Unlike when setting child support, a Wisconsin judge does not use any set formula to calculate alimony. When deciding whether or not to award alimony and for how much and how long, a judge will consider several factors, including but not limited to the following:
- The duration of the marriage;
- The education and earning capacity of each spouse;
- The physical and mental health of each spouse;
- The division of property; and
- The ability of each spouse to obtain and maintain gainful employment.
Many states award various types of alimony depending on the duration of the marriage, a spouse’s age, and for what one spouse might need maintenance. Wisconsin, however, only has two forms of alimony – durational and indefinite. Typically, alimony is only an issue when a marriage of 10 or more years ends. If the marriage lasted anywhere between 10 and 20 years, the duration of alimony could equal half the duration of the marriage. However, for marriages of 20 plus years, spousal maintenance may be ongoing, and only end with the recipient’s death or remarriage.
Of course, there is always the possibility of modification. For instance, if the payor loses his or her job, accrues outstanding medical expenses, or experiences some other financial hardship, the court may dissolve the order, or at least put it on hold. Likewise, if the recipient spouse comes into money or obtains a well-paying job, a judge might determine that spousal support is no longer necessary.
Let an Experienced Fox Point Alimony Attorney Represent You in Maintenance Matters
Like with most divorce issues, you and your spouse will be encouraged to work through the issue of spousal support in mediation. However, if you are unable to come to an agreement on your own, a judge will make the final determination. Our Fox Point spousal maintenance attorneys are prepared to help you structure a fair agreement and negotiate an award that is fair and financially feasible for both parties. Contact the law office of MacGillis Wiemer, LLC, today to schedule a private consultation with one of our representatives.