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Maintenance Attorneys
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Maintenance & Spousal Support Lawyer Serving Wisconsin

Key Takeaways

  • Spousal maintenance (alimony) is allowable under Wisconsin divorce law, and specific rules apply.
  • Parties may request alimony, or a court may order spousal support payments.
  • In some cases, spousal support is ordered but is specific in amount and date payments will cease.
  • Alimony modifications are possible, but conditions apply, depending on how it was ordered and agreed upon originally.
  • Working with a skilled Wisconsin divorce attorney can help resolve any maintenance issues you encounter.

Why is Spousal Support Granted?

In a judgment of divorce, legal separation, or annulment, the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time. Spousal maintenance is ordered to further two main objectives: fairness and support.

The fairness objective requires the court to ensure a fair and equitable financial arrangement between the parties in each individual case in accordance with Wisconsin alimony laws.

The maintenance objective recognizes the obligation to support a spouse in a manner to which that spouse was accustomed during the marriage. The support needed is measured by the parties’ lifestyle immediately before the divorce and the lifestyle they could anticipate if they stay married.

Factors That Influence Wisconsin Maintenance

Two people are holding a ladder, smiling, in a room with unpacked boxes, indicating a moving or home improvement context.

In determining whether and what amount of maintenance should be awarded, the court is required to consider:

  • Length of the marriage;
  • Age, physical health, and emotional health of each of the parties;
  • The division of property;
  • The educational level of each party at the time of the marriage and at the time of the action;
  • The earning capacity of the party seeking maintenance, including education, training, employment skills, work experience, length of absence from the job market, custodial responsibilities, and time and expense necessary to enable the party to find appropriate employment;
  • 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 the length of time to achieve this goal;
  • Tax consequences for each party;
  • Mutual agreements made by the parties before or during the marriage;
  • The contribution by one party to the education, training, or increased earning power of the other; and
  • Other factors the court determines to be relevant in each specific case.

In Wisconsin, the court may not consider marital misconduct as a relevant factor in setting maintenance payments.

Maintenance Mediation in Wisconsin

In Wisconsin, either party can request alimony, or a court may order it to be paid. However, the state offers another option, and that is to come to an agreement with your ex-spouse on payments and end dates. This is called limited-term alimony.

How is Spousal Support Calculated in Wisconsin?

A boy and a man are smiling and enjoying a board game at a wooden table, in a cozy living room setting.

The court has broad discretion in setting the amount of maintenance. No set guidelines to determine the amount have been promulgated, and as a result, maintenance orders vary significantly by county and judge during hearings for divorce cases.

Appellate courts have approved the trial court practice of beginning the maintenance evaluation with the proposition that the recipient spouse is entitled to 50 percent of the total earnings of both parties.

In practice, many courts utilize spreadsheets to compare the parties’ monthly disposable incomes after considering both parties’ obligations to support their children and tax consequences. Pursuant to the Internal Revenue Code, maintenance payments are typically taxable to the recipient and are no longer deductible to the payor.

Courts prefer a set amount of maintenance, but the award may also be a percentage of the payor’s income in circumstances in which the payor’s income is unpredictable.

When Does Spousal Maintenance End in Wisconsin?Three older adults are leaning on a wooden fence, smiling and chatting in a wooded area, suggesting a pause during a hike.

The term of a maintenance order may vary for any number of reasons that are appropriate in a specific case. Most orders state that maintenance shall cease and be waived upon the death of either party or the remarriage of the receiving spouse.

Many parties also stipulate that maintenance will cease if the recipient cohabitates with another person or is in a “marriage-like” relationship. Some orders specify that the order shall cease when the recipient turns 65.

Some orders are for a set time, with the goal that at the conclusion of that time frame, the recipient spouse would be self-supporting.

Maintenance may be the result of a stipulation or a contested hearing. A court may order a maintenance award for a fixed duration, or it may be indefinite.

Modify Maintenance

Either party can seek to modify a support order for maintenance, but they must take steps to do so.

  • A party must prove a material change in the circumstances upon which the ordered payments were predicated.
  • The court is generally required to consider the same factors it considered when setting the original maintenance order while remaining aligned with Wisconsin statutes.
  • A motion to modify must be filed prior to the end of the maintenance term if it is fixed in duration.

Other scenarios may apply:

  • If maintenance was made non-modifiable through specific terms of Section 71 payments, the court will have no further jurisdiction over the issue as this is a binding agreement.
  • Situations where maintenance was not ordered can be held open, and the court retains jurisdiction.
  • If maintenance is waived, it cannot be requested for any reason in the future.

Additional Resources Regarding Maintenance

  • Changes to Custody, Spousal Support, and Paternity Laws: States often make adjustments regarding laws on how child custody, spousal maintenance, and paternity issues are resolved. An attorney can help protect your rights.
  • How to Avoid Paying Alimony: State laws vastly vary and are often subjective. As a result, a man may end up being ordered to pay their former spouse more than they can afford, but there are sometimes ways to avoid this.
  • Alimony Based on Earning Capacity: Courts will use many factors to determine support and alimony payments. A primary factor is earning capacity.

Why Work With Cordell & CordellTwo individuals are gesturing during a conversation at a wooden table with legal documents, a gavel, and scales of justice, suggesting a legal setting.

Cordell & Cordell was founded in 1990 as a law firm with a focus on men’s divorce and family law. Over the decades, our attorneys have seen firsthand the biases and stereotypes men may face in court, and we’re committed to representing, advocating, and standing up for men’s rights.

Our law firm believes in providing diligent and aggressive legal representation. If you’re being treated unfairly, we can take your case straight to court to resolve your domestic issue. Our clients know we will do all we can to protect them.

Testimonials

“​My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” — Brian H.

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

“His ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” — Jonathan U.

Contact Us for All Your Maintenance Questions

Cordell & Cordell attorneys truly understand the obstacles men face in divorce issues and the challenges they often must overcome, such as making support payments or getting financial support. Our job is to advocate for you and protect your rights.

To schedule a consultation with one of our family law attorneys, call us at 866-DADS-LAW (323-7529) or fill out our online contact form, and a member of our legal team will be in touch.

Frequently Asked Questions

What Are the Different Types of Alimony in Wisconsin?

Generally, there are four different types of alimony a Wisconsin court will award.

  • Temporary: One spouse is ordered to pay support until the divorce is final so the lesser-earning party can receive financial assistance until the divorce is completed. Once final, a court will usually order a different type of maintenance.
  • Permanent: Ordered in situations where the marriage is long-term, and one spouse is completely financially dependent on the other, especially if aging or poor health are factors
  • Rehabilitative: Designed as a temporary form of support to help one spouse get back on their feet, so they can pursue higher education or job training to support themselves
  • Lifestyle Maintenance: As the most common form of alimony, this is awarded so the recipient spouse can maintain the same or similar lifestyle they had while married; usually more prevalent in long-term marriages
Is Child Support a Factor Into Maintenance?

Theoretically, child support doesn’t impact the amount of maintenance awarded in a Wisconsin family court. However, child support can indirectly affect how much alimony is ordered. For example, if a spouse is collecting a significant amount of child support, the court may order less alimony. Another scenario is when one party has a high child support obligation and cannot afford to pay much more alimony due to their income level.

How Long Do You Have to be Married in Wisconsin to Receive Alimony?

The State of Wisconsin does not set the length of time a couple must be married to receive alimony.

Generally speaking, those married less than 10 years will likely have no alimony awarded, 10–20 years may find alimony awards correlate with half the length of the marriage, and marriages lasting more than 20 years are more likely to see indefinite maintenance awarded.

This doesn’t mean this is a hard-set rule. Courts will take many factors into consideration when determining alimony.

How Can I Avoid Paying Alimony in Wisconsin?

If a court orders you to pay maintenance, then you are obligated to pay it. However, in some instances where alimony is not necessary, you may be able to have it changed. For instance, short marriages and prenuptial agreements can have a significant impact on court decisions regarding alimony.

How is Alimony Paid in Wisconsin?

It is common that maintenance is paid by income assignment and paid through the state’s trust fund, WI SCTF. However, payments may be made directly from one party to the other upon approval of the court.

Joseph E. Cordell, founder of Cordell & Cordell family law offices

Written by Joseph E. Cordell

Co-Founder, Principal Partner
Joseph E. Cordell, founder of Cordell & Cordell family law offices

Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.

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Cordell & Cordell?

Men hire Cordell & Cordell because the firm’s entire focus is on aggressively championing the rights of men and fathers through divorce. Our attorneys understand how the deck is often stacked against guys in family law and are committed to leveling the playing field by providing the legal guidance and resources needed to give them a fair chance at success.