Milwaukee and Waukesha Spousal Maintenance Lawyers
Wisconsin Alimony Attorneys
Spousal maintenance, formerly known as alimony, is monthly support that a husband or wife pays to the other spouse. It may be ordered for either a very short time period, longer periods of time or indefinitely based on a variety of factors.
Spousal maintenance is an issue that can be agreed upon by the two parties during negotiations or divorce mediation, along with the property settlement agreement and child custody. If the parties cannot agree and one person feels he or she is entitled to support, then the case for support must be heard by the judge.
Because spousal maintenance is not based on a formula like child support, an order for alimony will greatly depend upon your attorney's ability to make a strong case for or against support, in what amount, and for what length of time. It's wise to choose a Wisconsin alimony attorney with the experience and ability to negotiate, mediate and/or litigate your spousal support claim. We will help you analyze all the factors that the judge will look at and use the most up-to-date technology to determine the appropriate support award.
Whether you are seeking support or you believe your partner could be self-supporting and does not require alimony, we can help you bring your case before a judge. Contact the Milwaukee and Waukesha spousal maintenance attorneys at Brazil, Thelen, & Benske, S.C.
Temporary and Permanent Spousal Support
Temporary spousal maintenance may be ordered during the time of the divorce. This does not necessarily mean that support will be continued after the divorce is finalized.
If alimony is awarded as part of the divorce decree, it may be temporary and ordered for a certain number of years. The dependent spouse is expected to become self-supporting in that time. In some cases, educational expenses are negotiated to help the dependent spouse gain job skills.
Permanent support may be ordered in the case of a long-term marriage in which one spouse did not work, or if one partner is disabled, ill or for other reasons cannot work.
Factors a Judge May Consider When Awarding Spousal Maintenance
There are 11 factors that a judge may consider when arriving at a decision to award spousal maintenance. These factors include but are not limited to:
- Length of the marriage
- Age of the parties
- Health or disability of the parties
- Current income of the parties, future earning potential and income disparity
- Education levels and job skills of each party
Is it Time to Discontinue Support?
As more and more people experience job losses and business reductions, it is becoming increasingly common for alimony-paying spouses to seek a reduction or discontinuation of spousal support. Increases in the other party's income or changes in his or her financial situation, including remarriage or cohabitation, may also allow you to seek a reduction in your support obligation. If you have experienced a significant change of circumstance, it is important that you take your case back to court. Failing to pay your court-ordered alimony can result in wage garnishment and even jail time. We can help you bring your case back to court.
If you are receiving spousal support and have experienced a substantial change in your financial need or if your ex-spouse has enjoyed a significant increase in earnings, you may be entitle to an increase in either the amount of support you receive or the length of time that you receive support.
Contact our Wisconsin alimony attorneys today for answers to your questions about spousal support.
