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.
