We know how essential alimony can be, and we also know that it can be a complicated subject. It is important to understand how alimony is awarded, and how the amount and duration of an alimony award is decided.
Common Issues in Menomonee Falls Alimony Cases
Alimony is known as maintenance under Wisconsin law. Many different issues can arise in alimony and maintenance cases in Menomonee Falls, and our experienced Menomonee Falls alimony lawyers represent clients in alimony matters both during and after their divorce cases. The following are examples of alimony or maintenance matters that we handle on a regular basis:
- Determining eligibility for alimony or maintenance;
- Seeking maintenance in a Wisconsin divorce;
- Understanding the factors a Wisconsin court will use to make an alimony determination;
- Showing that you are entitled to receive alimony;
- Learning about the differences among rehabilitative, compensatory, and indefinite alimony;
- Alimony and other family support issues;
- Defending against a spouse’s request for alimony, or for indefinite maintenance;
- Terminating maintenance or alimony payment;
- Modifying maintenance or alimony payments;
- Enforcing an alimony judgment;
- Handling premarital agreements in which a spouse waived rights to alimony or maintenance; and
- Taxation and alimony payments in Wisconsin.
The above issues are just some examples of the types of alimony and maintenance matters or concerns we handle in Wisconsin divorces. An experienced Menomonee Falls maintenance lawyer can answer any questions you have about our services and can provide you with more information about the specific alimony or maintenance issues in your case.
Seeking Alimony in Menomonee Falls
If you are seeking alimony in a Menomonee Falls divorce, you will need to ask for alimony. You should speak with an alimony lawyer in Menomonee Falls about your options, but in general, you can obtain alimony through one of the following routes:
- Reach an agreement with your spouse concerning maintenance through divorce mediation; or
- Ask the court to award alimony if you cannot reach an agreement with your spouse.
Courts often award alimony in a manner that allows the recipient spouse to be financially stable and to enjoy a lifestyle similar to the lifestyle enjoyed by the spouses during the marriage. When courts look at the standard of living established during the marriage for purposes of determining alimony, courts typically look at the spouses’ standard of living immediately prior to the divorce as the likely standard of living that would have continued if the parties had not separated.
Avoiding Having to Pay Alimony in Menomonee Falls
You may be able to avoid having to pay alimony in Wisconsin, but you should discuss your plans with a Menomonee Falls alimony attorney. Depending upon your circumstances, it may be possible to avoid alimony by planning ahead and entering into a premarital agreement. In addition, you may be able to prove that your spouse does not actually need the payments they are requesting, or you may be able to limit the amount of maintenance payments you will make by asking the court to identify a date upon which the payments will terminate.
Calculating Menomonee Falls Alimony
Calculations for alimony or maintenance in Menomonee Falls are done on a case-by-case basis. The court will consider a wide variety of factors when determining what amount of maintenance is appropriate, and how long the maintenance will last.
Alimony Tax Issues in Menomonee Falls
How will alimony or maintenance be taxed? Relatively recent federal tax law changes have shifted the way that alimony and maintenance payments are taxed in Wisconsin. If your divorce was finalized and alimony was ordered prior to January 1, 2019, the recipient spouse was responsible for paying taxes on alimony payments received while the paying spouse did not have to pay taxes on any amount of alimony paid. However, the opposite is true for any divorces finalized on or after January 1, 2019.
For any new alimony awards, as well as any alimony awarded on or after January 1, 2019, the spouse making the alimony payments is responsible for paying the taxes on the amount while the recipient spouse does not have to pay taxes on maintenance payments received. Courts consider the tax consequences to both spouses when determining whether alimony should be awarded, as well as in determining the amount of alimony that is appropriate.