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Below, you’ll learn about alimony in Wisconsin including its benefits, process, cost, calculations, and key differences from child support.
Jump to a section in this article:
Alimony vs Child Support | Wisconsin Alimony Calculator | Rehabilitative Alimony | Compensatory Alimony | Lifestyle Maintenance
Questions answered in this article:
What is alimony? | Are there different kinds of alimony? | How much does alimony cost? | How is alimony calculated? | How long do I have to pay alimony? | How long do I get alimony? | Can alimony be avoided in Wisconsin? | How do I file to receive alimony?
The information provided does not, and is not intended to, constitute legal advice. Talk to a lawyer today for legal advice
Sometimes fairness dictates that spouses must continue to share income after the divorce has concluded. This can happen, for example, when the parties have had a long marriage and only one party was the primary income-earner, or when one party needs a little extra time to establish a professional earning history that will allow him or her to support themselves at the standard of living both parties enjoyed during the marriage. When such circumstances exist, the court can order spousal support or “maintenance.”
Alimony, otherwise known as spousal support or “maintenance”, is support that is paid for the purpose of helping a spouse after a divorce or even sometimes during the pendency of a divorce case.
Calculating alimony can be difficult – our experienced lawyers can help you calculate the proper amount of alimony, or spousal maintenance, you or your spouse should be expected to pay.
When choosing to divorce your spouse, alimony can cause some confusion and anxiety. You might be concerned about the way your property and your income will be split. While more couples are both choosing to work, not every relationship is balanced this way. You or your spouse may not have a job, whether that’s for childcare purposes, homemaking, or an inability to work.
If you are struggling to calculate alimony for your case, our legal guidance can help you determine the best route to take when it comes to alimony.
Learn how courts determine alimony and get expert legal help from Karp & Iancu.
How is alimony calculated in Wisconsin? Wisconsin works a bit differently than most other states when it comes to alimony, in that it bases your alimony on your unique case, not a specific formula. This method can make it more difficult for you to calculate your payments or your spouse’s payments without a lawyer who understands Wisconsin law.
Typically, your alimony will be decided based on the assets and wealth available to the lower-income spouse at the time of the divorce. For example, any of the following could be considered for your alimony:
Using these factors, among others, the court will decide the amount that should be paid in alimony, as well as how long those payments will last. Your attorney can use their resources to help you find how much you can expect from your Wisconsin alimony payments.
If your situation changes, keep in mind that your alimony can change, too. You or your spouse could go through a major life change, like a job loss or a significant shift in income and expenses, so you may need to recalculate your Wisconsin spousal maintenance at that time. Using a spousal maintenance calculator can help you estimate potential changes based on updated financial information.
If your situation changes and you need your alimony to be reconsidered, seek out a lawyer who can help you modify your case. You’ll need to sign the right papers and provide evidence that your living situation has changed substantially. Courts typically consider factors like income loss, new financial obligations, or dependents, which could impact your required spousal support payments.
Unfortunately, you might not be sure how much that alimony should change, or whether the court will decide that the change is significant enough to justify modifying it. In these cases, you may need legal help to assess your financial situation, determine whether you qualify for an adjustment, and present a strong case for modification. A spousal maintenance calculator can be a useful tool to provide an estimate, but a divorce attorney or financial advisor can help you navigate the legal process and ensure your alimony payments are fair and reasonable.
For accurate calculations, consider using our Wisconsin online spousal maintenance calculator, consulting a legal professional, or seeking court guidance to ensure the outcome aligns with your financial stability and legal obligations.
Often in a divorce, alimony in Wisconsin is awarded for the benefit of a spouse whereas child support is awarded for the benefit of children. Learn more about your child support options here.
Yes, there are three different types of alimony. Courts typically order spousal support for one of three purposes:
A judge takes two things into consideration when deciding how long you or your spouse will be responsible or paying a specific amount of alimony—alimony amount and alimony terms.
While alimony is a binding financial agreement that could likely not end until you remarry or until either spouse passes away, your payment terms can change. For example, if you lose your job years after your initial alimony agreement with your old spouse, you won’t have any income to substantiate your payment, so instead of risking penalization, you’d return to the court and request a change to your alimony payments amount.
When doing so, remember that the judge will need proof that your financial situation has changed significantly enough that you can’t make your payments. After that, the judge will prepare a better payment plan for them, and your spousal maintenance will change. Learn about other factors that influence whether or not you can modify your alimony agreement.
You can receive alimony from anywhere from a set period of months—or more likely— years based on the goals and objectives of your court-approved alimony agreement. As mentioned above, alimony duration and amount is subsequent to change if one spouse’s circumstances change during that time period.
In some cases, the court will order “indefinite” maintenance. This does not mean you will receive (or vice versa pay) alimony forever—it means the order will remain in effect until further order of the court.This is the court’s way of leaving the maintenance termination date “open” and flexible in order to accommodate changing circumstances such as a party’s pending retirement, the receipt of a forthcoming inheritance, or the emancipation of the parties’ children.
In any event, an alimony agreement typically terminates automatically if the recipient spouse remarries or if either spouse dies.
Short answer: sometimes, but it depends.
There are two ways to kick-off the process of asking for alimony in a divorce. Both will be presented to you within your first conversation with an attorney.
Option 1: Mediation. Talk to one of our experienced mediators for help on how to guide you and your spouse toward a joint agreement without the stressors of a courtroom. Although cost will vary based on your needs, the starting price for mediation services at Karp & Iancu is $1,799 per spouse.
Option 2: Litigation. Schedule a no-cost, no pressure consultation with one of our family law attorneys.
Read more about the benefits of choosing mediation over litigation.
Your money matters. Count on our experience to get fair alimony payments.
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