Divorce happens every day in Wisconsin and people may decide to end their marriage for many different reasons. However, some people who would like to end their marriage may feel they are unable to due to financial constraints. Particularly in cases where one partner is financially dependent on the other, it may feel like divorce is simply not an option.

In the State of Wisconsin, people seeking a divorce but concerned about finances may request alimony when going to court. This request can be made regardless of the reason for ending the marriage.

What is alimony? 

Alimony – sometimes referred to as “spousal maintenance” – is a court-ordered payment system wherein one former spouse in a divorced couple receives ongoing financial support from the other as part of the divorce agreement. Alimony is usually awarded in cases where one partner makes a lower income or has no income at all.

Alimony is not meant as a punishment to the paying spouse. Rather, the goal of alimony is to ensure the lesser-earning spouse is supported and can maintain their lifestyle after the divorce is finalized. An example of when alimony may be appropriate is when, during the marriage, one spouse chose to stay home to take care of children rather than continue their career. Alimony is commonly granted with the expectation that the recipient partner will seek career education or training with the goal of eventually becoming financially self-sustaining.

When is alimony awarded in Wisconsin divorces?

In the State of Wisconsin, judges have a lot of freedom in deciding when and where it is appropriate to award alimony. A variety of factors are considered, including:

• Length of the marriage
• Physical health of the spouses
• Age of the spouses
• How property will be divided in the divorce agreement
• Education level and potential earning capacity of both spouses, including certifications, training, amount of time spent out of the workforce, and the resources necessary to obtain the necessary skills to reenter the workforce.
• Parenting responsibilities
• The ability of the recipient spouse to eventually come financially self-sustaining
• Whether one spouse financially contributed to the other’s education during the marriage
• Agreements made between spouses during the marriage
• Tax considerations

How long does alimony last? 

Once again, the judge has the freedom to decide the appropriate length of time alimony must be paid. Length of marriage is often a factor in this decision. For example, a decades-long marriage where the recipient spouse did not work and is past a reasonable age to go back to school may result in a judgment that orders alimony to be paid for the lifetime of the recipient. In contrast, a shorter marriage where the recipient spouse is in a good position to become financially self-sufficient will likely result in a judgment of short-term alimony payments. In very short-term marriages, it is uncommon to receive an alimony order unless the recipient spouse health issues or is otherwise unable to financially support themselves.

If the paying spouse dies, alimony will be terminated. If the recipient spouse remarries or becomes financially stable, alimony will also likely be terminated. When the paying spouse retires, alimony may be terminated if they have no source of income outside their retirement benefits.

How much are alimony payments? 

Typically, a judge will determine the amount to be paid in alimony according to one of two factors: the total income of both spouses divided in half or the amount required for the recipient spouse to maintain the lifestyle they had during the marriage.

Tax-wise, the recipient spouse must claim and be taxed on alimony payments received. The paying spouse may deduct alimony payments on their taxes and usually can also deduct attorney fees related to alimony.

Considering divorce? Get the legal assistance you need.

Here at Ohiku Law, we are experts in divorce law, custody and placement, dispute resolution, family law, and estate planning. No matter where you are in the divorce process, you will want an experienced divorce attorney on your side to help you navigate the complicated legal considerations. We are proud to serve clients in Milwaukee with expert divorce law and family law services. Give us a call to get started today.