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What is alimony, maintenance, and spousal support? You need to know this if you’re facing divorce.

The official definition of divorce states that divorce is the legal dissolution of a marriage relationship. When parties are married for a significant period of time, a spouse may seek spousal support. This spousal support payment is often referred to as “Alimony” by the IRs and is called “Maintenance” under Wisconsin law.  In other words, on top of all the emotional turmoil, a party may also be required to support his or her spouse with payments known as alimony or maintenance. 

Alimony or Maintenance may be required under a court order or by the couple’s agreement after divorce or even while a divorce case is still pending.  This can either be frustrating or relieving, depending on your financial situation.  But beyond the emotions, the court has framed the concept of alimony/maintenance to ensure that both parties are treated equitably. That’s where the role of top-rated divorce lawyers comes into play, bringing the legal experience and technology to the courtroom. 

Here, we will look at general types of spousal support, and consider some of the factors that play a key role in determining the amount of maintenance that is ordered. 

Types of Alimony Support

There are three types of alimony support:

  • Temporary maintenance 
  • Short-term maintenance 
  • Indefinite maintenance 

Temporary alimony 

Temporary alimony is the amount one spouse pays to the other until the divorce is final. The amount of Temporary maintenance is usually determined by a family court commissioner and is subject to review by a circuit court judge. The amount of temporary maintenance owed might be more or less than the amount ordered after the matter is finalized. 

Short-term or Rehabilitative support

Short-term maintenance is sometimes referred to as rehabilitative support. It is often thought of as the amount one spouse pays to the other to help the recipient spouse make the transition to supporting themselves. Often this is awarded when a spouse has invested significant time in raising children or has reduced education or fewer work opportunities.

Indefinite support

Indefinite support is the amount one spouse pays to the other for an indefinite term such as remarriage or death. It is ordered as part of the final divorce judgment. Often indefinite support is awarded when a couple was married for a long time (i.e.  >25 years). 

If you have any doubts related to the types of spousal support, you can get in touch with our top-rated divorce attorneys in Milwaukee to get experienced legal advice. 

What Are the Factors That Play a Key Role in Determining Alimony Support?

The purpose of alimony is to ensure that both spouses are able to maintain the reasonable standards of living as they had before the divorce. The court takes various factors into account while determining the maintenance. Let’s have a look at some of the important factors that the court will consider: 

  • The length of the marriage
  • Each spouse’s age and physical/emotional health
  • Educational levels of each party 
  • The couple’s standard of living
  • The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
  • The feasibility that the party seeking maintenance can become self-supporting 
  • Any other factors that the court determines to be relevant. 

How to Avoid a Court Trial on Alimony?

The court trial means that you were unable to reach an agreement with regard to an equitable maintenance award.  As a result, you are at the discretion of the judge for the decision-making on the amount and term for an equitable maintenance order. The best way to avoid a court trial on spousal support is to hire the best divorce attorney in your area. Your attorney will calculate the amount of spousal support while considering the tax consequences to both spouses. If needed, our divorce attorney knows reputable vocational evaluators that can be utilized for expert advice regarding your spouse’s earning capacity. Our divorce attorney is a Certified Divorce Financial Analyst and has been repeatedly nominated for awards including, Super Lawyers, US News & World Report’s Best Lawyers, and National Academy of Family Lawyers. Attorney Magner also has a 10.0 rating on Avvo and is Lead Counsel Verified by LawInfo. 

Need help with calculating maintenance in your Divorce or Legal Separation? Get in touch with Magner and Hueneke LLP and our top-rated divorce attorneys in Milwaukee, Wisconsin.  

What are Common Divorce Mistakes & How to Avoid Them?

Common-Divorce-Mistakes

Divorce is complicated and can be an emotionally draining legal process. So, it’s very common to make mistakes in the heat of the moment or because of incomplete information. In addition, not hiring the best attorneys for your divorce just to save some money can result in costly divorce mistakes as well as waste time and money.  These mistakes increase stress during the divorce process.

The divorce planning process includes knowing about divorce mistakes. Familiarizing yourself with common mistakes can help avoid delays and negative consequences, making the divorce process smoother. Below we have listed a few common divorce mistakes that people usually make and important tips to avoid such pitfalls.

●    Mistake #1: Making Rash and Emotionally Driven Decisions  

Most people are overwhelmed with different types of emotions during the divorce. As a result, they make wrong decisions just to get the divorce process over as soon as possible. Though it is obvious that people are eager to end the divorce process sooner, negotiations take time. Mutually beneficial settlement cannot happen overnight. The feeling of sadness, anger, revenge and depression can affect your ability to make key decisions. So, relax, be patient and calm, and let things take time so that you don’t have regret later about your decisions. Don’t let emotions dictate your decisions.  

●     Mistake #2: Posting Things Related to Divorce on Social Media   

Things-Related-to-Divorce

Divorce is a sensitive issue. Social media has emerged as a significant part of our lives. Sometimes, you may have bad things on your mind about your ex-partner, but avoid sharing your thoughts, feelings, and experiences online.  Despite your privacy settings, mutual acquaintances might access the information, and the things you post online can be distorted by the other party to be used against you.  

●     Mistake #3: Taking Legal Advice from Friends Rather than the Divorce Attorney  

The biggest mistake that people make during the divorce process is to think that they don’t need an attorney. People want to handle their divorce cases on their own because they think it’s easy to do and a cheaper option; however, counting on the best divorce lawyer for your needs is better than seeking advice from a friend or family member. Having a divorce attorney by your side from the beginning of the divorce process can help avoid costly mistakes, from getting the paperwork done right to managing the complexities of the case.  An attorney can guide you in every step of the divorce process, providing you are honest with your divorce attorney.  Even if a trusted friend went through a divorce recently, that person mostly likely had a different judge and facts (e.g different respective incomes/assets, ages, length of marriage, age/number of children). Our divorce attorney is a Certified Divorce Financial Analyst, has a certificate of in Family Mediation from the University of Wisconsin Milwaukee and has been repeatedly recognized as one of the best lawyers in Wisconsin according to Super lawyers and US News & World Reports.

●     Mistake #4: Failing to Understand the Finances and Assets  

Knowing the true value of your assets is important for developing a financial plan and equitable distribution in the divorce.  Unfortunately, many people don’t know about their finances and separate assets. Tax filing status will change and financial transitions may affect your lifestyle and financial goals, and so it is important to maximize your property division. Our divorce attorney has specialized knowledge developed through specific training which recognizes the financial pitfalls of divorce. Attorney Magner was a business major and became a Certified Divorce Financial Analyst after focusing his legal practice on family law and divorce in the Milwaukee and Waukesha counties.

Schedule an Initial Consultation at Magner & Hueneke  

We have briefly summarized some of the common divorce mistakes and how attorneys can help make the divorce process easier. So, when looking for the best law firms in Wisconsin, you can count on knowledgeable, experienced, and skilled attorneys at Magner & Hueneke. Our attorneys can help you make wise decisions about your future. So, schedule an appointment today to discuss your situation!  

What You Need to Know about Property Division in a Divorce in Wisconsin

Separation is never a pleasant experience. But what adds more to this painful experience is the division of the assets and debts. Property division is the major cause of stress and conflict in most divorce cases. Marital property is presumed to be divided equally between the divorcing parties in Wisconsin, but may alter this distribution based on many different factors.  Often you may hear that Wisconsin is one of a few community property states in the U.S., but property division is not as simple as 50/50.  You should seek help from our divorce lawyers in Milwaukee to avoid a financial disaster after the separation. Our divorce attorney is a Certified Divorce Financial Analyst, and in this blog post, we’ll share some basic information to make the property division smoother for both spouses. 

 [Photo credit: PlusLexia.]

Understanding Property Division in Divorce   

Marital assets may include anything that has a monetary value. This may include real estate, vehicles, furniture, clothing, stocks, patents, businesses, back accounts, cash, and pension plans.

3 Ways to Divide Assets and Debt 

Property division involves discussion and may involve stressful negotiations. However, if you and your spouse have a good understanding, you can avoid the hassle. Here are three easy ways to deal with property division.

  • Settlement Negotiations – If you and your partner are ready to negotiate a resolution, it’s good for both of you. You can make decisions and our Milwaukee County divorce attorney can draft the divorce settlement agreement, and help you have it approved by the judge.  
  • Utilize Mediation – If you both are ready for the negotiation but need help to resolve the conflicts in some issues, you can use mediation. Our top-rated divorce attorney knows the mediators you need and can help you through every step of the mediation process.
  • Go to the Court – When you can’t work it out yourself or with the mediator’s help, the last option is to litigate and leave the decision to the court.Here you will need one of the best attorneys in the area to represent you in order to convince the judge to make a decision in your best interest.

In sum, property division can be determined by the parties, and if the agreement is fair and equitable, the court will approve the terms of the agreement and grant a judgment of divorce. If there are disagreements, the court will need to address numerous factors and make a decision as to what is most equitable.

Factors Affecting the Property Division 

Our top rated divorce attorney handles complex property division cases in Milwaukee and Waukesha Counties.  The court will likely exclude gifts and inheritance and may decide a 50-50 split of assets is appropriate in long term marriages. However, judges also consider the following factors for the property division.

  • Length of the marriage.
  • Property brought to the marriage by each party.
  • Income of each party.
  • Contribution of each party to the marriage (income spent on bills, groceries, childcare, and more) 
  • Physical & emotional health and age of both the parties
  • Contribution of one party to education, training, or increased earning power of the other party.
  • Other economic situations of each party.
  • Any other agreements made by both the parties before or during the marriage. 
  • Tax consequences to each party. 
  • Such other factors that the court determines relevant

Seek Legal Advice from Magner and Hueneke LLP

A skilled divorce and family law attorney ensures that you receive the correct property division. So, whether you are looking for a high asset divorce attorney or need other legal advice to protect your financial interests, you can seek help from Magner and Hueneke LLP. We are known as Milwaukee’s top-rated divorce attorneys. Our property division attorneys have extensive knowledge and experience to guide clients through the legal process of divorce. Our divorce and family law attorney is a Certified Divorce Financial Analyst and has specialized training necessary to get you the best possible outcome.

Why Should You Hire a Divorce Attorney?

Divorce and separation are painful, but sometimes it is unavoidable. So, whether you are planning to file for divorce or you have to respond to a divorce petition from your spouse, consider talking to a divorce attorney early on in the process. Many people think they can handle the divorce without an attorney’s guidance, but it greatly increases the chance of mistakes and complications. It is crucial to have a legal expert who can help you through the divorce proceedings. It is a cost-effective divorce solution, and you can expect the desired outcomes. If you are still confused about whether or not you should hire an attorney, you must read this blog post. Here are the top reasons to hire a divorce lawyer in Milwaukee for dissolving a marriage. 

  1. Serves as Mediator – Most couples decide to separate when there is a problem in the relationship. Sometimes it becomes difficult for such couples to talk and agree on common things, making the divorce difficult and stressful. The emotions of anger can add fuel to the flames, and things may get out of hand. This is where an attorney can help and act as a mediator between you and your spouse. A divorce attorney can assist you with drafting an placement and custody agreement that minimizes the number of issues for disagreement in the future. 
  1. Objective and Expert Advice – Divorce is emotionally challenging and no matter how hard you try, making fair decisions will require compromise.  Our attorneys are objective, and can assist to make rational, emotionless decisions. In addition, our lawyers have dealt with multiple divorce cases similar to yours. So, they know what to do, when to do it, and what’s coming next. With the help of a divorce lawyer, you can get all the paperwork and documents prepared on time to make the process smoother and reduce anxiety and frustration.
  1. Knowledge of Wisconsin law – Every state has different laws for divorce, and you may not know about them. It includes various matters like child custody, division of assets, and more. Despite your best efforts, you can easily miss out on the tiniest, most important details of complex law. Apart from that, the language used in statutes and court orders is different from the language you use in everyday life. Only the best divorce attorney can help you understand the law and the court orders in simple language. 
  1. Reduce Emotional Stress – Divorce is indeed a stressful time, and the chances are that you could end up making wrong decisions or saying the wrong thing in the heat of the moment. Unfortunately, some divorces are traumatic, and the divorce proceeding is a difficult and emotional journey. When you hire an attorney, you can openly share your issues, and they will know if there is a motion that should be filed.  People going through a divorce need to take extra time to take care of themselves and reducing anxiety is important.  
  2. Get Your Fair Share – When you don’t have an attorney by your side, your spouse may take advantage of you.  If you want to get an equitable share of the assets you own together, you should definitely consult an attorney. An attorney can help you divide the things as equitably between the two of you as possible. Our attorney has specialized software programs that will consider the tax consequences of your property division settlement. 

The Bottom Line The process of getting a divorce is complex, stressful, and expensive, but having a divorce attorney by your side can make things easier and less stressful. If you are looking for an experienced and skilled divorce attorney in Milwaukee, you can rely on Magner & Hueneke, LLP, for protecting your future. We assure you that we will handle all the divorce and legal separation issues, including Alimony/Maintenance, Child Custody and Placement, . So, schedule an appointment now to discuss your situation!

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Annulment, legal separation, or divorce: Which one is right for you?

The terms annulment, legal separation, and divorce can sometimes cause confusion to those looking to end their marriage. This guide may help bring some clarity to those in Wisconsin.  

 

Annulment 

An annulment is a court procedure that determines that a marriage never existed. According to Wis. Stat 767.13, a marriage may be annulled if one or both people are not able to consent to the terms of marriage. This could be mean they were under the influence of drugs or alcohol, were coerced under false pretenses or force, or mentally incapable of consent. Also, if they are minors and their parents did not sign off on the marriage, there is no consent and that is also grounds for annulment.  

One reason for annulment that is often sighted in pop culture is the issue of consummating the marriage. In other words, one person in the relationship is physically incapable of consummating the marriage through sexual intercourse.  

 

Legal Separation and Divorce  

Both legal separation and divorce share many of the same aspects such as custody, support and the 120-day waiting period, however a legal separation provides the couple can reconcile at any point but may not marry another person, because they are still technically married, according to the Wisconsin Court System.  

If one person wishes to convert the legal separation into a divorce proceeding, he or she may do so after a year without consent from the other person.  

Wisconsin is a no-fault state, meaning the couple does not need to prove a reason for the divorce or separation. In the case of divorce, one person states that the marriage irretrievably broken before the court, while in in the case of a legal separation both parties must state their relationship is broken.  

 

To help navigate what a potential dissolution of a marriage could look like, please contact Magner & Hueneke, LLP at (414)281-4529 for more information.  

 

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Ways to Avoid an Expensive Divorce

When looking into potential divorce, one subject always comes to mind, and that is cost. Money difficulties can be both the catalyst for a divorce as well as a hurdle during the proceedings, however there are ways to keep some of those expenses from climbing.  

To start, it is important to do as much research on the laws of the area as well as who the right attorney is for each person’s circumstances. Knowing as much as you can about the divorce process can keep you from asking too many questions, which will inevitably increase your bill.  

Although it may be ironic, the key to keeping a divorce both economical and uncomplicated is to foster good communication with your ex. This could mean mutual agreement on appraisers or agreeing on the value of various assets. When getting property appraised, if the couple can agree to an appraiser that means one split bill. Without an agreement, each person will pay their own way as well as the extra fees for those appraisers testifying in court.   

There is also the issue of deciding how much money each person earns and what potential support could look like. Agreeing to the earning capacities for each person can save the costs associated with vocational assessments, which may cost over $1,000 just for the report.  The assessment could be used by a court to determine whether to impute income to an under earning spouse.   

Co-parenting is another way to keep yourself from unnecessarily increasing your divorce costs. When the divorcing couples discuss child placement, it is important to be as specific as possible.  If parents have good communication, they will spend less time using their attorneys to communicate with each other. Communication through attorneys is more expensive and time consuming.  It is also important to keep in mind that litigating should be a last resort when trying to keep costs down.

 In short, divorce might not be pleasant, but clients that are able to work cooperatively with their lawyer and their spouse will be in the best position to avoid an expensive divorce.   

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Is January really ‘divorce month’?

After the holiday season is over, both attorneys and the courts see an uptick in divorce filings, especially in the first half of January creating the nickname ‘divorce month.’

According to an article published in the New York Times in 2019, there is a significant jump from December to January in Google searches of the topic of divorce as well as attorneys doing more filings and taking on new clients.

Two factors may play a role in this yearly trend. One factor includes not wanting to ruin the holidays for children and other family members.

Divorce also rises after the holidays because of the idea of starting the year fresh.

“The holidays are over, and I’m not going into this year as miserable as I was last year.” Vicky Townsend, co-founder and chief executive of the National Association of Divorce Professionals, said in the New York Times article.

Although filings may see a jump from December to January, it doesn’t mean that marriages on the rocks are doomed during this time. Divorce filings are often cyclical and caused by many factors, especially this year with the pandemic at play.

“Too much time with family can often trigger someone waking up and realizing, ‘This is not what I want for the rest of my life,’” according to Susan Myres, president of the American Academy of Matrimonial Lawyers and a divorce lawyer in Houston. “You’ll see an uptick in filings after Valentine’s Day and around August,” when children have had summer off and before school starts.

January may not spell the end of one’s marriage, however if you are thinking about separating, it may be time to give an attorney a call about your potential options.

Attorney Neil Magner has over 15 years of experience serving southeastern Wisconsin in various forms of family law, including divorce and legal separation, post-judgment modifications, child custody and support matters, equitable property division and paternity cases. Call 414-281-4529 to schedule an appointment.

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Approaches to Dividing a House During Divorce

Many Wisconsin couples who are getting a divorce own a home together. In some cases, a couple might agree to live together despite the divorce and pay off the mortgage. However, this is not a workable solution for many people, and if that is the case, the couple needs to find a way of splitting the asset.

If one person is going to take the house and remove the name of the other person from the mortgage, it is necessary to refinance the mortgage. This means that the person who gets the house must qualify on the basis of just one income. An additional down payment might be necessary, or the person may need for someone to cosign the loan.

The couple might choose to sell the house and take equity. Equity is the amount the house is worth minus what is owed on the mortgage, but it might not always be split equally. For example, prenuptial agreements, premarital assets and improvements made could all affect equity and how it is split.

People who are considering a divorce might want to speak to an attorney first about their financial situation. Wisconsin is a community property state, but there may still be flexibility in how property division is approached that is not exactly 50/50. A person might be able to discuss their own goals and concerns with an attorney who may then make suggestions about how realistic those goals are and what strategies might be best. An attorney may also help keep a person focused on financial security rather than trying to punish or appease a former spouse.

Facebook Postings Could be Evidence in Divorce

Divorce is often a very contentious and stressful experience. Parties can look for any advantage they can get and a Facebook faux pas can have major consequences.

Depending on your privacy settings, not everyone who can read your Facebook is your “friend.” As more and more people use social media, we are seeing a growing trend in Wisconsin and across the country with more electronic postings from the internet coming into courts of law as evidence in civil cases like divorce and in criminal matters.

On September 10, the New York State Bar Association issued an ethics opinion that permitted using Facebook evidence so long as no trickery or fraud was used in obtaining it. Last year, a Wisconsin court of appeals upheld using a defendant’s Myspace page as evidence against him.

The sort of evidence that you can get from social media web sites is the sort of evidence that you used to need a private investigator to get. Now people are more than willing to share their secrets to complete strangers over the internet. Examples of self-damaging Facebook posts are plentiful. They range from a fugitive commenting on the great weather where she was hiding, to a parent claiming to be too poor to pay child support and then showing off a newly bought luxury car in Facebook photos.

People tend to write things on Facebook they would never say aloud and post pictures they would not want everyone to see. Facebook is a great outlet for expression, but some people should take more care with what they post on Facebook. Facebook postings have come back to haunt some people in court.

Sources:

St. Petersburg Times (TampaBay.com): Facebook flubs make for salacious legal cases; Stephanie Hayes, 10/15/2010.

State v. Trusty, 776 N.W.2d 287 (Wis. App. 2009)

Wisconsin man Suspected of Killing pet Cats During Divorce

Divorce is a very stressful experience and people going through a divorce can often do things that come back to haunt them. A Wisconsin man is now facing charges of felony mistreatment of animals after allegedly shooting the pet cats he shared with his ex-wife while their divorce was pending.

His ex-wife had filed for divorce in January 2009, but the couple continued to live together for about five more months. In June 2009 she moved away from the family residence when the home environment became hostile. According to the criminal complaint, when she returned to the marital home and asked about the pet cats, her ex-husband told her he shot the cats and buried them in a compost pile.

The couple’s divorce became final in December 2009. The ex-wife did not report the killings until March 2010. Even thought over a year has elapsed since the alleged cat shootings; the ex-husband is now facing charges that carry a maximum of three years, six months in prison and a $10,000 fine.

Divorce is a very trying time for all parties involved and emotions can get the best of any of us. In this case, the ex-husband had expressed doubt about paying the bills, and did not think he had money to pay for feeding the cats. He also stated he had problems sleeping because of the noise the cats were making. He was experiencing true problems in this divorce, but he reacted to the problems in a way that has caused serious legal consequences.

When a divorce is pending, everything that the couple does is eventually going to be viewed under the magnifying glass of the law. Couples should avoid impulsive and hasty actions like destroying something the other spouse wants in the divorce. When the parties have legitimate concerns while a divorce is pending, they are usually better served by bringing the issues to the attention of their attorneys and the family law court, not by taking matters into their own hands.

Source: The Janesville Gazette: Janesville man suspected of killing pet cats; Ted Sullivan, 10/26/2010