High net worth couples considering divorce in Milwaukee likely have questions about spousal maintenance. Spousal maintenance, also known as spousal support or alimony, refers to a court order for one party in a divorce case to pay the other party a certain amount of money over a certain length of time.

There is no specific formula Wisconsin divorce courts use to calculate how much or how long spousal maintenance should be paid. The court looks at many factors in a divorce case to determine the appropriate spousal maintenance arrangement. Because every divorce case is different, spousal maintenance is determined based on the facts of each specific case.

Below are some insights into how Wisconsin divorce courts calculate spousal maintenance. For advice or questions about your specific situation, contact The Ohiku Law Offices, where experienced Milwaukee Divorce Lawyer Odalo Ohiku can provide you with additional guidance.

Factors Considered in Calculating Spousal Maintenance 

When considering how to appropriately construct a spousal maintenance order, Wisconsin divorce courts consider a number of factors specific to the divorce case. These factors include, but are not limited to:

Length of marriage. Marriages that last longer than 10 or 20 years are more likely to result in a divorce court order for spousal maintenance and for that maintenance to last longer. Marriages less than 10 years typically result in an order for less, if any, spousal maintenance.

Division of labor in the marriage. Wisconsin courts look at how unpaid labor, like childcare and housekeeping, was divided between parties during the marriage. This is significant because, if one party took on the majority of these duties, it could have caused them to put their career on pause, go part-time, or forgo promotion.

Earning capacity. The current income of each spouse is considered, as well as each party’s level of education and potential future earning capacity. When evaluating these factors, a court considers what training, education, and credentials each party holds and the cost for obtaining additional necessary education; whether one party supported the other while they obtained education, training, or credentials; whether one party has been absent from the job market to care for children and, if so, for how long; current and future childcare responsibilities; and whether a working party could or should be earning more.

Standard of living. Courts consider what type of support is necessary to ensure each party has similar financial access and freedom as they did before divorce and may decide to award more or less spousal maintenance based on this factor.

Other factors considered: 

• How property is divided in the divorce case.
• The age, physical health, and emotional health of each spouse.
• Tax considerations for each party.
• Prenuptial or other prior agreements made that concern financial support.
• …and more.

Spousal maintenance may be ordered for either spouse, and can be granted whether a couple is seeking divorce, annulment, or legal separation. Both parties are also able to file a request to change the spousal maintenance order, though the final decision is up to the court.

One factor not considered in determining spousal maintenance is whether one party is “at fault” for the breakdown of the marriage. Wisconsin is a no-fault divorce case, meaning neither party needs to prove that the other party is responsible for the end of the marriage.

Can spousal maintenance be avoided? It is understandable to be concerned about a divorce court ruling that you will have to pay spousal maintenance. Divorce is a stressful process, and often comes with significant financial concerns and considerations. If a court rules you are responsible for paying spousal maintenance, there is no way to avoid this responsibility. However, the court may rule that a spousal maintenance order is not necessary. By talking to a knowledgeable divorce lawyer, you can get a better sense for what to expect from your divorce case.

Divorce is complex, particularly for high net worth couples. Topics like spousal maintenance are highly variable, and only an experienced divorce attorney can help you understand what to expect in your specific situation.

Whether you are seeking support in understanding spousal maintenance, child custody and placement, or divorce in general, Milwaukee Divorce Attorney Odalo Ohiku is the partner you need. Give The Ohiku Law Office a call today with questions or to set up your first appointment.