High Net Worth Divorce in Wisconsin: Don't Make These Mistakes!

High Net Worth Divorce in Wisconsin: Don’t Make These Mistakes!

High Net Worth Divorce in Wisconsin: Don’t Make These Mistakes!

High Net Worth Divorce in Wisconsin: Don't Make These Mistakes!When you’re getting a divorce and have a high net worth, it’s important to avoid making certain common mistakes. Trying to hide assets, not getting a professional valuation of assets, spending too much money, not protecting your mental health, and not hiring a divorce lawyer are some of the biggest mistakes people make during high net worth divorces. By avoiding these mistakes, you can make the process easier on yourself and ensure that you come out of the divorce with what is rightfully yours.

If you’re in need of an experienced Milwaukee divorce attorney who has experience helping high net worth clients, contact Ohiku Law Office today.

Avoid these Common Divorce Mistakes: 


Hiding Assets

Hiding assets is one of the most common mistakes people make during a high net worth divorce. If you try to hide assets, your spouse and/or the courts will likely find out and it will only make the divorce more difficult. You could also face fines and punishment for hiding assets during divorce. The best thing you can do during the process of divorce is to be honest and open. This will make the process go much more quickly and allow you the peace of mind of knowing you are doing the right thing.

If you’re concerned about certain assets, a divorce attorney can help you create a plan.


Neglecting a Professional Valuation of Assets

Not getting a professional valuation of your assets is another common mistake. You need to know what your assets are worth so you and/or the courts can determine how to divide them fairly. You may also be surprised at the value of your assets, so it’s important to have a thorough and up-to-date understanding of what you own so you know how to proceed.

If you’re wondering how to get a professional valuation of your assets, an experienced Milwaukee divorce attorney can help you identify and hire a professional who can help with this process.


Spending Too Much Money

Spending too much money during the divorce process is also a mistake. Many people try to spend as much money as possible in order to spite their ex, but this usually backfires. Not only will you end up going into debt, but it will also make it harder to divide your assets fairly.

Instead, the best thing you can do during divorce in regards to spending is to tread carefully. Keep a record of your expenditures and avoid making large or lavish purchases until the divorce is complete. Working with a financial advisor is a good idea during this time, particularly if you have significant assets to keep track of.


Forgetting to Protect Your Mental Health

Protecting your mental health is important during any divorce, but it’s especially important during a high net worth divorce. This type of divorce can be very stressful, so make sure you take care of yourself.

Strategies for protecting your mental health during this often stressful time include: talking to a licensed therapist or counselor; getting enough exercise; eating a balanced and nutritious diet; getting enough quality sleep; and spending time with friends and family. If you have children, it’s also important to encourage them to practice these healthy habits as well, since divorce can be stressful for them, too.


Not Hiring a Divorce Lawyer

Many people try to handle a high net worth divorce on their own, but this is a mistake. A divorce lawyer can help you protect your assets and ensure that you get what you deserve. A divorce attorney can also help you ensure you don’t make costly mistakes that will slow down the process or prevent you from reaching your goals. Finally, the right divorce attorney has experience in all aspects of divorce, from arbitration to mediation to contested divorce to child custody and placement.

If you are considering a high net worth divorce in Wisconsin, it is important to avoid making common mistakes. Trying to hide assets, not getting a professional valuation of assets, spending too much money, not protecting your mental health, and not hiring a divorce lawyer are all mistakes that can cost you time and money during your divorce. By hiring a Milwaukee divorce attorney with experience helping high net worth clients, you can protect yourself and ensure that your divorce goes as smoothly as possible. If you’re getting a divorce and live in Milwaukee or a nearby community, contact Ohiku Law Office today. Our experienced Milwaukee divorce attorneys can help you through every step of the process. Contact us today to schedule a consultation.

Questions to Ask a Divorce Lawyer | Ohiku Law Milwaukee

Questions to Ask a Divorce Lawyer When You’re Going Through a High Net Worth Divorce

Questions to Ask a Divorce Lawyer When You’re Going Through a High Net Worth Divorce

Questions to Ask a Divorce Lawyer | Ohiku Law MilwaukeeGoing through a high net worth divorce can be one of the most stressful experiences you’ll ever have. Not only do you have to worry about the emotional toll that a divorce can take, you also have to deal with the financial and legal aspects. This is why it’s important to have an experienced Milwaukee divorce lawyer on your team. However, not all divorce lawyers are created equal. When selecting the right divorce lawyer for you, it’s important to look at your initial meeting as an interview to gauge if this is the right fit for your needs.

You have options when it comes to selecting a

divorce attorney in Milwaukee. When you’re interviewing potential lawyers, here are some questions you should ask: 


What is your experience with high net worth divorces?
This question is important because you want to make sure that your lawyer has the experience and expertise to handle the unique aspects of your case. High net worth divorces require particular expertise because there is so much at stake in terms of assets. These types of divorces may also be more complicated because of owned businesses, multiple large assets like homes or vehicles, and other considerations.


How will you communicate with me throughout the process?
This is important because you want to make sure that you’re working with a lawyer who is communicative and will keep you updated on the status of your case. You also want to work with a lawyer that appreciates and respects your communication preferences and boundaries.


What is your strategy for handling my divorce?
This is important because you want to make sure that your lawyer has a well-thought-out plan for how they will handle your case. They should be able to share their plan with you after talking through the details of your case and should be ready and willing to pivot when things change. And, in divorce, things change a lot.


What are the potential outcomes of my divorce?
This is important because you want to make sure that your lawyer is realistic about the potential outcomes of your case and that they are prepared to fight for the best possible outcome for you.


What will you do if my divorce becomes contested?
Your divorce lawyer should be prepared for any eventuality, and that includes a divorce that becomes contested. A contested divorce is one where you and your spouse cannot agree on one or more aspects of the divorce, such as child custody, division of assets, or alimony. If this happens, you want to be sure that your lawyer knows how to navigate a contested divorce and has a plan for doing so.


Can you offer me options for resolving my divorce outside of court?
This is important because you want to know that your lawyer is open to negotiation and alternative dispute resolution methods like mediation. You also want to be sure that they are experienced in these methods and know-how to properly advocate for you in this setting.


What are your rates and how do you bill?
Cost and billing questions are probably on your mind, so don’t be afraid to ask. The right lawyer can provide you with this information upfront so you know what planning you need to do to account for legal fees and billing.

Divorce is never easy, but when you have a high net worth it can be even more complicated. If you’re going through a high net worth divorce, it’s important to work with an experienced Milwaukee divorce lawyer who understands the complex legal issues involved. Asking the questions above will help you to narrow down your options and find the right divorce lawyer for you. At The Ohiku Law Office, we have the experience and knowledge you need to protect your interests and get the best possible outcome in your divorce. We specialize in divorce law, child custody and placement, dispute resolution, and more.

If you’re considering a high net worth divorce, contact us today to schedule a consultation. We’ll help you understand your rights and options, and we’ll work with you to develop a strategy that’s in your best interests. Call us today.

Compassion, Collaboration, & Client Care | Divorce Lawyer Milwaukee

Ohiku Law & The Three Cs: Compassion, Collaboration, and Client Centered Care

Ohiku Law & The Three Cs: Compassion, Collaboration, and Client Centered Care

Compassion, Collaboration, & Client Care | Divorce Lawyer MilwaukeeWhen it comes to divorce, having an excellent Milwaukee divorce attorney on your side is key. At the Ohiku Law Office, we pride ourselves on providing compassionate, client-centered care combined with outstanding legal expertise. Our team of attorneys, led by Odalo J. Ohiku, has years of experience helping high net worth clients just like you navigate the complex journey of divorce.

We understand that divorce can be extremely difficult for you and your family, and we are here to help you every step of the way. We do everything we can to ensure you, your family, and your assets are protected during divorce. Contact us today with questions and keep reading to learn more about how the Ohiku Law team can support you and your family.

The Three Cs of Exceptional Client Care :

Compassion

Each and every team member at Ohiku Law understands that divorce is a difficult journey for you and your family. Divorce is so much more than just a legal process; it means big changes for your family and often comes with a lot of emotions, tears, stress, and anxiety for everyone involved.

At Ohiku Law, our focus is on providing excellent legal support that comes from a place of compassion for the difficulties our clients are experiencing. Divorce is always tough, and divorce among high net worth individuals can become even tougher. We know there are days you may not be able to process a lot of complex legal jargon and information, or may need a little extra time to take care of your family.

The team at Ohiku Law is here to support you in whatever way makes the most sense for you and your family. We offer expert dispute resolution services, advice on child custody and placement, and more. We can provide a listening ear, answer questions, and offer advice on helping your family navigate divorce. Our team will provide the compassion and understanding you need during this difficult time. Learn more about our Milwaukee divorce attorney services.

Collaboration

At the end of the day, high net worth divorce is truly a collaboration between multiple parties – spouses, children, attorneys, judges, and others. We all win when everyone comes to the table willing to peacefully and openly collaborate on solutions. Divorce comes with a lot of emotions and stress, factors that can easily cause contention and conflict. The best attorneys keep their cool in the face of pressure and help to balance competing emotions to focus on the goals of the client. We know things can get heated; we are here to help move the process forward in a calm, collaborative way.

At the Ohiku Law Office, we know a spirit of collaboration makes the divorce process run much more smoothly. We will work with all parties involved to ensure that everyone’s needs are met, including those of your children. Learn more about our child custody and placement services and our dispute resolution strategies.

Client-Centered Care

The client comes first at Ohiku Law. Our focus is on you and your needs. We will work with you to create a divorce plan that meets your unique needs and objectives and guide you every step of the way.  The best Milwaukee divorce attorney will be a true partner and advocate for you; we want to help you achieve the best possible outcome for yourself and your family.

The attorneys at Ohiku Law have years of experience helping high net worth individuals navigate the complex journey of divorce. We understand that each client’s case is unique and requires a tailored approach. Our team will work with you every step of the way to ensure that you are kept informed and feel confident in our ability to represent your interests effectively.

If you are considering divorce, or have already started the process, contact the Ohiku Law Office today. We can help you navigate this complex journey and provide the exceptional legal expertise and client care you need during this difficult time. Call us at (414) 287-0088 or visit our website to schedule a consultation. Proudly offering Milwaukee divorce attorney services, child custody and placement, dispute resolution, and more.

5 Strategies for Protecting Your Mental Health During Divorce

5 Strategies for Protecting Your Mental Health During Divorce

5 Strategies for Protecting Your Mental Health During Divorce

5 Strategies for Protecting Your Mental Health During DivorceNo one ever expects to get divorced. It’s a hard thing to go through, even in the best cases. At it’s best, divorce means change. At its worst, divorce can mean fighting, arguing, fear, hurt, and anger. For individuals with children, divorce impacts the entire family. No one should have to go through it alone. If you’re going through a divorce, you need to protect your mental health. Having an experienced divorce attorney on your side means you have a partner on your journey.

At the Ohiku Law Office, we care about our clients. We know that divorce can lead to extreme emotional stress, fear, anger, anxiety, and depression. We are here to help you navigate the legal process of divorce, but also the emotional and mental aspects. If you’re going through a high net worth divorce and are looking for a divorce lawyer in Milwaukee, contact the Ohiku Law Offices today.

Here are our top five tips for protecting your mental health during and after divorce.

Don’t go through it alone.
Divorce is hard, but you don’t have to go through it alone. You need a strong support system, whether that’s friends, family, or a therapist. Talk to people who will understand and can offer helpful advice. If you have children, talk to them about what is going on and answer their questions as much as possible so they feel like they’re part of the team.

An experienced Milwaukee divorce lawyer is a key element of a divorce support team. A good lawyer can not only offer sound legal advice, but can lend a listening ear, offer support, and help you navigate the emotional, social, and health aspects of divorce as well. The right divorce lawyer has a lot of experience helping clients through the toughest divorce scenarios. Learn how Ohiku Law can help you through your divorce.

Seek professional help.
If you’re feeling overwhelmed, seek professional help from a therapist or counselor. A therapist can help you work through your emotions and provide tools to cope with stress. During divorce, it’s ok to feel overwhelmed, scared, lonely, regretful, and sad. A therapist or counselor with experience helping clients going through divorce can help you understand, endure, and soothe these emotions so you can get on with your life.

If you have children, consider family therapy to help them deal with the divorce as well. Divorce can be scary and confusing for children, as it often comes with a lot of change to the normal routine. Family therapy can help them understand what is happening and provide a support system.

Take care of yourself.
In order to take care of others, especially children, you need to take care of yourself first. Divorce can be stressful and time-consuming, but it’s important to prioritize your own health and wellbeing. Make sure you’re getting enough sleep, eating healthy foods, staying hydrated, and exercising regularly. In Wisconsin, it is also crucial to get fresh air and sunlight whenever you can.

Another key element to a healthy lifestyle is staying connected to others. Ask a friend to take walks with you over lunch at work, or call a trusted family member to talk while you prepare meals for the week.

These are simple strategies that will help reduce stress and keep you feeling your best, even when life gets tough.

Don’t make any big decisions during or after divorce.
One of the biggest dangers of divorce is making rash decisions that you may regret later on. Avoid making any big life changes like moving, quitting your job, or selling your house until you’ve had some time to process everything that’s going on. Give yourself time to mourn the end of your marriage and figure out what comes next for you.

Remember it’s not about winning or losing.
Divorce isn’t about winning or losing, it’s about coming to an agreement that works for both parties. If you can approach the process with this mindset, it will help reduce stress and conflict. Keep your eye on the prize and remember what’s most important: your wellbeing and the wellbeing of your children.

Experienced Divorce Attorney Odalo Ohiku has extensive experience helping high net worth clients navigate all aspects of divorce. If you’re looking for a divorce lawyer in Milwaukee, contact the Ohiku Law Office today.

4 Types of Alimony in Wisconsin Divorce Law | Milwaukee Divorce Lawyer

4 Types of Alimony in Wisconsin Divorce Law: What You Need to Know

4 Types of Alimony in Wisconsin Divorce Law: What You Need to Know

4 Types of Alimony in Wisconsin Divorce Law | Milwaukee Divorce LawyerWhen getting a divorce in Wisconsin, you will need to understand the different types of alimony that are available to you. Alimony, also known as spousal support, is financial assistance that one spouse provides to the other spouse after a divorce. In this blog post, we will discuss the four types of alimony that are available in Wisconsin: temporary support, permanent support, lump-sum support, and reimbursement support. We will provide an overview of each type of alimony and explain how it works. If you are getting divorced in Wisconsin, it is important to understand these four types of alimony so that you can make the best decision for yourself and your family.

At The Ohiku Law Office, expert Divorce Attorney Odalo Ohiku  has over 15 years experience guiding clients through the divorce process. He has extensive experience with the most sensitive topics around divorce, including child custody and placement, dispute resolution strategies, alimony, and more. Contact The Ohiku Law Office today to schedule a consultation to discuss your specific situation and find out which type of alimony is best for you.

What is Alimony?

Alimony is monetary support paid by one spouse to another after divorce. Alimony is not awarded in all divorce cases, and is only awarded after careful consideration of many factors by a divorce court judge. In Wisconsin, there are four types of alimony that can be awarded: temporary support, permanent support, lump-sum support, and reimbursement support. Let’s take a closer look at each type of alimony.

Temporary Support

Temporary support is financial assistance that is paid during the divorce proceedings. This type of alimony is designed to help the spouse who is less financially stable get by until a final decision is made about spousal support. Temporary support can be awarded for a set period of time or it can be granted on an indefinite basis. The amount of temporary support that is awarded will depend on the individual circumstances of each case.

Permanent Support

Permanent support is financial assistance that is paid after the divorce proceedings have ended. This type of alimony is designed to help the spouse who is less financially stable on a permanent basis. Permanent support can be awarded for a set period of time or it can be granted on an indefinite basis. The amount of permanent support that is awarded will depend on the individual circumstances of each case.

Lump-sum Support

Lump-sum support is a one-time payment that is made to the spouse who is less financially stable. This type of alimony is designed to help the spouse with a one-time need, such as the purchase of a new home or the payment of legal fees. Lump-sum support can be paid in addition to other types of alimony or it can be paid instead of other types of alimony. The amount of lump-sum support that is awarded will depend on the individual circumstances of each case.

Reimbursement Support

Reimbursement support is financial assistance that is paid to the spouse who has contributed to the other spouse’s education or training. This type of alimony is designed to reimburse the contributing spouse for their expenses. Reimbursement support can be awarded for a set period of time or it can be granted on an indefinite basis. The amount of reimbursement support that is awarded will depend on the individual circumstances of each case.

If you are getting divorced in Wisconsin, it is important to understand these four types of alimony so that you can make the best decision for yourself and your family. Speak with a Milwaukee divorce lawyer like Odalo Ohiku to learn more about your options and get advice on which type of alimony is best for you.

Thanks for reading! We hope this blog post was helpful. If you have any questions, please don’t hesitate to contact the experts at The Ohiku Law Office. We would be happy to help.

Annulment of a Marriage in Wisconsin | Ohiku Law

Annulment of a Marriage in Wisconsin: What You Need to Know

Annulment of a Marriage in Wisconsin: What You Need to Know

Annulment of a Marriage in Wisconsin | Ohiku LawThere are a few reasons why a married couple in Wisconsin might want to consider an annulment instead of divorce. An annulment is a legal procedure that effectively voids a marriage, as if it never happened, while divorce is a legal process that ends a marriage but does not render it invalid. After an annulment, the spouses can say they were never married to one another.

To have a marriage annulled, one of the spouses must prove to a judge that the marriage was never legally valid. This involves a complex court process that includes the need for evidence, witnesses, paperwork, and more. The annulment process may also include the need for child custody, placement, and alimony decisions. If you’re looking to have your marriage annulled, you should consult with an experienced Milwaukee divorce attorney like Odalo Ohiku of The Ohiku Law Offices.

Reasons for Annulment

There are a number of reasons why a marriage might not be legally valid and qualify for annulment, including:

Underage: One or both spouses were under 18 years old at the time of the marriage. In Wisconsin, the legal age of consent is 18, but a person can get married at 16 or 17 with parental permission, or at an age younger than 16 with the permission of both a court and a parent. In order to annul a marriage based on underage, the spouse must still be under the age of 18 when the annulment is filed. A parent can file for annulment on behalf of a child in this case.

Incest: In Wisconsin, marriage is illegal between persons who are closer than second cousins. A marriage between close relatives will be considered invalid.

Force or Duress: A marriage can be annulled if one spouse was forced or threatened to get married and this force or threat was present on the day of the marriage.

Bigamy: Annulment can be granted if one or both spouses were already/are currently married to someone else. Current marriage to someone else would render a second marriage invalid.

Mental Incapacity: Annulment is possible if one or both spouses were mentally incapacitated at the time of the marriage and was not able to consent to the marriage in sound mind. For this reason to be considered, the annulment must be filed within one year of discovery of the mental incapacity.

Fraud or Coercion: Annulment can be considered if the marriage was based on a lie or falsification by one spouse that was unknown to the other at the time of marriage. Fraud will only be considered as a reason for annulment if the marriage would not have happened if both spouses had all the information up front.

Impotence: Annulment may be considered if sexual intercourse is not possible because of impotence of one or both spouses. Impotence will only be considered cause for annulment if the other spouse did not know about the impotence at the time of marriage.

It’s important to note that a judge must make the final determination as to whether a marriage can be annulled. If you are considering an annulment, you should speak with an experienced Milwaukee divorce lawyer to discuss your specific case and whether or not you have grounds for an annulment.

Legal vs. Religious Annulment

Legal and religious annulment both render a  marriage invalid, but they are granted for different reasons. A religious annulment is a declaration from a church or other religious authority that a marriage was never valid. This is often based on personal beliefs about divorce and remarriage, and does not have any legal bearing.

A legal annulment is a court-granted decree that states a marriage was never valid to begin with. This is granted for the specific reasons listed above. A divorce ends a legally valid marriage, while an annulment erases it as if it never happened.

If you think you might be eligible for an annulment, contact Odalo Ohiku, an experienced divorce attorney in Milwaukee, to discuss your case.

How to File for Annulment

If you believe your marriage is invalid and want to seek an annulment, the first step is to speak with an experienced divorce lawyer to get a better understanding of your specific situation and the options available to you.

Your divorce lawyer will help you file for annulment in court by preparing all the necessary paperwork and gathering evidence to support your case. You may need to appear in court for a hearing, so  it is important to have an attorney by your side who can help you navigate the legal process.

If you are granted an annulment, it will be as if the marriage never happened and you will be able to move on with your life.

Odalo Ohiku is a divorce attorney in Milwaukee, WI who has helped many clients through the annulment process. If you are considering an annulment, contact The Ohiku Law Offices today.

Navigating Contested Divorce

Navigating Contested Divorce

In almost all circumstances, divorce creates stress. When a divorce is contested, it can be even more stressful for everyone involved. However, contested divorce can also be a tool used to ensure the divorce is settled fairly for both parties. If you’re considering divorce and anticipate disagreements with your spouse, it is highly likely your divorce will be contested.

Read on to learn more about contested divorce and how you can lessen your stress throughout the process. For questions or to discuss your particular situation, contact experienced Milwaukee divorce attorney Odalo Ohiku at The Ohiku Law Offices in Milwaukee.

Defining Contested Divorce

A divorce is considered contested when the involved parties disagree on one or more of the issues at hand. A divorce could be contested because only one party wants the divorce while the other does not. A contested divorce may also happen when the involved parties disagree on child custody arrangements, child support and placement, alimony, how to split up assets, or another major issue.

An uncontested divorce is when both parties agree on most or all major issues, are willing to work together, and make the decision to divorce collaboratively. This is a far less common scenario than contested divorce.

Contested Divorce Scenario: Only One Party Wants a Divorce

In the State of Wisconsin, only one spouse needs to file for divorce with the justification that the marriage is “irretrievably broken” for a divorce to proceed. The other spouse then needs to respond to the divorce filing within 20 days or the court may decide to proceed with a default divorce in which the filing party gets everything they requested. The only reason the divorce process can be stopped is if both spouses agree to do so.

A scenario in which only one party wants a divorce is considered a contested divorce.

The Upside and Downside of Contested Divorce

It may be hard to imagine an upside to contested divorce, but it can be an important tool in ensuring the outcome of a divorce is fair to all parties involved. When spouses disagree on critical issues like child placement, child custody, and alimony, their divorce becomes contested and goes in front of a judge for litigation. This means an objective, experienced third party (the judge) will have the final word on the outcome of these important decisions after weighing what is fair and in the best interest of all parties.

A contested divorce that goes in front of a judge for litigation is also important in a situation in which one spouse is manipulative, abusive, or tries to impede the divorce process from coming to a fair conclusion. The judge can take all information into account and render a judgement that is legally binding and fair to both parties despite the efforts of one to impede the process.

Contested divorces do have their downsides. Usually, a contested divorce takes significantly longer than an uncontested divorce. At minimum, a contested divorce will take four months, though some can take years. The quicker the spouses can come to an agreement or compromise on all issues, the quicker the divorce process will conclude. Because they take longer, contested divorces are generally more costly and stressful.

Contested Divorce Scenario: Spouses Agree on Everything Except One Issue

A divorce is considered contested even if spouses agree on all major issues but one. Divorce can become an extremely complex process for people with children and/or considerable assets to be divided. Child custody, placement, and support are highly emotional and nuanced issues that can spur major disagreement and cause a divorce to become contested so it can be litigated in court. Contestation of a divorce is also necessary when parties disagree on how to divide assets; even though Wisconsin is a marital property state, meaning assets are divided evenly between divorcing spouses; there is a lot of grey area. Intervention by a divorce court can lead to a fairer settlement when one or both parties disagree on how assets should be divided.

The Best Tool for Navigating Contested Divorce

Divorce isn’t easy, and a contested divorce can quickly become overwhelming. If you’re facing a contested divorce, the best thing you can do for yourself, your spouse, your children, and your assets is to hire an experienced Milwaukee divorce attorney. An attorney will be able to assess your particular situation, answer questions, provide expert guidance, communicate with the courts and judges, assist with paperwork, and help you avoid common roadblocks and mistakes.

Divorce doesn’t just affect the spouses. Hiring an attorney with the knowledge and compassion to handle delicate divorce cases involving children is critical. Attorney Odalo Ohiku of The Ohiku Law Offices of Milwaukee has extensive experience with child custody and placement and alternative dispute resolution so you only need to make one call.

For questions about contested divorce or to get started working with one of Wisconsin’s premiere divorce attorneys, contact The Ohiku Law Offices today.

How Spousal Maintenance is Calculated in Wisconsin

How Spousal Maintenance is Calculated in Wisconsin

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.

What is Unique About High Net Worth Divorce?

What is Unique About High Net Worth Divorce?

High net worth couples considering divorce have many things to consider along their journey. While the divorce process looks similar for couples with lower net worth and fewer assets, high net worth couples will face certain complexities that others may not. Child custody, alimony, prenuptial agreements, and division of assets are just some of the issues at play when a couple with considerable assets decides to divorce.

The following article lays out some details about how high net worth divorce may differ from the divorce of a lower net worth couple. Each divorce is unique, so for details and added knowledge about your specific situation, contact expert Milwaukee Divorce Attorney Odalo J. Ohiku of The Ohiku Law Office today.

High Net Worth Divorce & Child Custody and Placement

In Wisconsin, child custody and placement can be decided by the parents through mediation or by court order — but is always determined with the best interests of the child in mind. Commonly, both parents have joint custody as long as both are deemed to be fit and proper persons by the court, meaning each has an equal share in decision-making when it comes to the child.

Placement refers to the amount of time a child or children spend in the care of one or both parents. While the children are placed in the care of one parent, that parent retains the right to make routine daily decisions about the child’s care. When a court determines a placement schedule, as long as they deem both parents fit to be around the children, they outline an arrangement that allows the child regular, meaningful periods of interaction with both parents.

Child support is paid by one parent when the placement arrangement dictates that the child spends less than 25% of their time, or 92 nights per year, with that parent. The amount of child support is set as a percentage of that parent’s income – 17% for one child. This is where high net worth couples’ experience may differ from others’. Those with higher income will pay a larger sum in child support as a result of this calculation, which is logical given that the child in question may have been used to a lifestyle commensurate with living with parents who make a higher income.

Child custody, placement, and child support are highly complex and each situation is unique. For questions, contact Attorney Odalo Ohiku today.

Prenuptial Agreements & High Net Worth Divorce

In general, it is more common for a high net worth couple to have a prenuptial agreement, as each party may bring more wealth and assets to the marriage and are interested in protecting those assets in the event of a divorce. As long as a court determines a prenuptial agreement to be valid, the arrangement set forth by this document may impact processes such as the payment of alimony and division of assets — major considerations for high net worth couples.

Division of Assets & High Net Worth Divorce

High net worth couples often have a complex portfolio of assets that will need to be distributed as part of the divorce process. Wisconsin is a marital property (or community property) state, meaning all income and assets procured during the course of a marriage are divided equally between spouses in the event of a divorce – with some caveats. However, that doesn’t mean each asset is easy to split down the middle, and high net worth couples are more likely to have more assets that are not easily split – like multiple homes, vehicles, businesses, or antiques. If the couple cannot agree on how their assets should be divided through a mediation or arbitration process, the court will have to intervene and the process can take a long time.

Divorce is always complex, and divorce between high net worth individuals is even more so. Attorney Odalo J. Ohiku is the greater Milwaukee divorce attorney more high net worth couples turn to. He also has expertise in mediation, arbitration, child custody and placement, and more. Call The Ohiku Law Office today with questions or to schedule your appointment.

Division of High-Value Assets in Divorce

Division of High-Value Assets in Divorce

For high net worth couples considering divorce, one of the most common and significant topics of consideration is how their property and assets will be divided. Many high value assets, like a family home, vacation home, car, boat, antiques, art, jewelry, etc. may hold emotional as well as monetary value for one or both spouses. Other assets of consideration may include owned businesses, investment holdings, retirement accounts, and debt.

In order to understand how assets are divided in Wisconsin divorce, it’s key to understand that Wisconsin is what’s known as a community property or marital property state.

Marital Property vs. Individual Property

Wisconsin is a marital property state, meaning that, when a couple living in Wisconsin decides to divorce, property and debt acquired after a specified determination date (usually the date of marriage) are divided equally no matter whose name appears on the title, with some exceptions and caveats.

The term property can be interpreted to mean anything bought, earned, or acquired during the course of the marriage – homes, vehicles, antiques, jewelry, investments, businesses, etc.

Any debt acquired during the course of the marriage is also subject to equal division, even if it was incurred by only one spouse.

Individual or separate property is that which was acquired by an individual before they were married, or received as a gift or inheritance during the course of the marriage. This type of property is not divided during divorce unless it has been commingled, thereby becoming marital property. An example of individual property that becomes commingled is a home purchased by one spouse before the date of marriage that is then fixed up and invested in by both spouses so it increases in value during the course of the marriage. In all likelihood, the court would deem this home marital property, even though one spouse purchased it before the date of marriage and it is only their name on the title.

The Reality of Asset Division in Divorce

When it comes to assets like houses and cars, it’s not physically possible to split them in half and give each spouse an equal piece. Instead, the court takes into account the total value of all assets and debts to make a distribution judgement.

In addition to the total monetary value of all assets and debts, the court takes into account a number of factors that may necessitate one spouse receiving a certain asset or differing amount than the other, like:

  • Duration of the marriage.
  • Future earning potential of each spouse.
  • Whether one spouse has significant individual property.
  • Unpaid labor contributed during the course of the marriage, such as childcare and housekeeping.
  • Who will have financial responsibility for children moving forward.
  • Whether one spouse contributed in a significant way to the future earning potential of the other, such as paying for education or foregoing their own income to take care of children so the other could work.
  • Stipulations outlined in pre- and postnuptial agreements, as long as the court deems them fair.
  • The health of each spouse.
  • Tax implications for each spouse.

An example: the court may determine that the spouse who will have primary custody of the children will be awarded the house, with an agreement that when the children reach the age of maturity the house will be sold and the value split evenly between the spouses.

A key step in the process of property division in divorce is valuation of all marital property. This is achieved by both spouses disclosing the value of all accounts and investments they hold, and investigations done by professional actuaries and appraisers on items without an evident dollar value, like a home, car, or antique. The divorcing spouses cover the costs of these professional valuations.

Emotions, Stress, & Asset Division 

As we all know, many things we own hold so much more than monetary value. A family home is filled with memories, a nurtured business with dreams and aspirations for the future. Antiques and collectibles may mean much more than their sticker price to one spouse, while the other sees them as uninteresting relics. Asset division in divorce can be an emotional process for both parties, but having an experienced divorce attorney on your team can help lessen the stress.

High net worth clients like you need a divorce attorney with experience, compassion, and a collaborative mindset. Attorney Odalo Ohiku knows that divorce is a highly complex process, particularly for those with substantial assets, and works diligently to ease the emotional strain of the process not only for the client, but for all involved.

Odalo Ohiku is the Milwaukee divorce attorney you want on your team. The Ohiku Law Office offers a wide variety of services, including custody and placement, dispute resolution, divorce mediation, and more. Give our offices a call today with questions or to schedule a consultation.