Will You Get Maintenance or Alimony?

Wisconsin Criminal Law Blog

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While there’s no exact formula to determine the amount of spousal maintenance that will change hands (it’s generally based on so many factors that every case is evaluated independently), there are some ground rules about who’s entitled to receive alimony.

Who Gets Spousal Maintenance in Wisconsin?

In the state of Wisconsin, the spouse who has less capability of earning enough money is more likely to receive alimony. Your Milwaukee divorce lawyer will petition the court for alimony if you need it, so make sure all of you financial paperwork is in order; your attorney is going to need to show the judge your circumstances.

Judges consider several factors in determining whether someone is entitled to spousal maintenance, including:

  • How much money each of you makes
  • How much you have to spend on living expenses
  • Whether you can support yourself
  • How old you are
  • Whether you have special circumstances
  • The potential tax consequences for you and your ex-spouse

It’s not necessarily true that if one partner makes $100,000 per year and the other makes $30,000 that someone is going to be entitled to alimony. Wisconsin judges look at alimony on a case-by-case basis to determine need and to establish dollar amounts.

How Long Does Spousal Maintenance Last?

The duration of time that one of you will pay spousal maintenance—if any alimony changes hands at all—depends on your case. Your Milwaukee divorce attorney will talk with you about what you need or what you’re willing to pay, and he or she will bring that to the judge with a long list of justifications. You may receive spousal support or have to pay it for a few months, a few years, or longer.

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Will You Get Alimony or Spousal Maintenance - Milwaukee Divorce Attorney
- Attorney Carlos Gamino

If you’re like most people, money is on your mind when you’re going through a divorce. As a son-to-be single, you’re probably wondering about alimony, or spousal support, and calculating how much you’ll get or how much you’ll have to pay. 
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