By Attorney Carlos Gamino

What Are the Alimony Laws in Wisconsin - Carlos Gamino

When you divorce in Wisconsin, you or your former spouse might be entitled to spousal maintenance, which is commonly called alimony. The courts don’t automatically award alimony – but if one of you asks for it, the judge in your case will look at several factors to determine whether it’s a reasonable request.

Wisconsin Alimony Laws

Alimony is designed to support one spouse – usually the lower-earning one – so he or she can maintain the standard of living the couple enjoyed during the marriage. Sometimes it’s temporary, and sometimes it’s permanent. The judge will make a decision based on:

  • How long you were married
  • Both spouse’s ages and health
  • How property was divided in the divorce
  • Each spouse’s education level, both at the time they were married and at the time of the divorce
  • The seeking spouse’s earning capacity
  • Whether it’s likely that the seeking spouse will become self-supporting to the extent that he or she can maintain the standard of living established during the marriage
  • The tax consequences for both parties

Wisconsin Alimony Laws on the Duration of Spousal Support

After considering all the factors, the judge will decide whether temporary or permanent spousal support is necessary. If both parties are older and the spouse seeking alimony isn’t likely to be able to get the education or certification necessary to join the workforce, the judge can order the other spouse to pay alimony for the rest of the longer-living spouse’s life. However, if the seeking party is likely to be able to become self-supporting, the court can order temporary alimony for a set period of time.

Do You Have Questions About Alimony Laws in Wisconsin Pertaining to Your Divorce?

If you’re considering divorce and you believe you’re entitled to alimony, or if you think you’ll end up paying it, talking to a Milwaukee divorce attorney can help you figure out what to do next. Call us right now at 414-383-6700 or get in touch with us online to schedule your free divorce consultation.

Attorney Carlos Gamino