The factors that influence spousal maintenance in divorce

In many divorces, spousal maintenance is a major issue. Very often, one spouse has greater financial stability and earning capacity than the other spouse. In those instances, a court may find that it’s appropriate for the wealthier spouse to make regular maintenance payments to the other spouse. These payments can be either indefinite or for a limited period of time. In Wisconsin, there’s no standard formula for calculating spousal maintenance. Rather, there a number of factors that a court can consider.

One of the biggest factors is the length of the marriage. Generally, the longer the marriage, the more likely it is that maintenance may be appropriate. The age and physical health of both spouses is also considered. Specifically, a court may look at whether each spouse is physically able to work and generate income. Another important factor is the property division under the divorce agreement. If the less financially secure spouse is receiving a substantial amount of assets, that may mitigate the need for further maintenance.

Finally, the court will consider a number of factors to determine whether a spouse is capable of producing income and, if so, when he or she may be able to do so. The court may look at whether a spouse sacrificed his or her career for the benefit of the other spouse. An example would be a spouse who stayed at home to watch children so the other spouse could work. Another example may be a spouse who sacrificed his or her own education for the benefit of the other’s education or career.

In many cases, a couple can reach an agreement on maintenance before the issue even makes it to court. In other situations, though, a couple may need a court to decide on the issue. In either scenario, an individual may benefit from consulting with an experienced divorce attorney.

Source: Wisconsin State Legislature, “CHAPTER 767: ACTIONS AFFECTING THE FAMILY”, accessed on Feb. 17, 2015