In a judgment of divorce, legal separation, or annulment, the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time. Spousal maintenance is ordered to further two main objectives: fairness and support.
The fairness objective requires the court to ensure a fair and equitable financial arrangement between the parties in each individual case in accordance with Wisconsin alimony laws.
The maintenance objective recognizes the obligation to support a spouse in a manner to which that spouse was accustomed during the marriage. The support needed is measured by the parties’ lifestyle immediately before the divorce and the lifestyle they could anticipate if they stay married.
In determining whether and what amount of maintenance should be awarded, the court is required to consider:
In Wisconsin, the court may not consider marital misconduct as a relevant factor in setting maintenance payments.
In Wisconsin, either party can request alimony, or a court may order it to be paid. However, the state offers another option, and that is to come to an agreement with your ex-spouse on payments and end dates. This is called limited-term alimony.
The court has broad discretion in setting the amount of maintenance. No set guidelines to determine the amount have been promulgated, and as a result, maintenance orders vary significantly by county and judge during hearings for divorce cases.
Appellate courts have approved the trial court practice of beginning the maintenance evaluation with the proposition that the recipient spouse is entitled to 50 percent of the total earnings of both parties.
In practice, many courts utilize spreadsheets to compare the parties’ monthly disposable incomes after considering both parties’ obligations to support their children and tax consequences. Pursuant to the Internal Revenue Code, maintenance payments are typically taxable to the recipient and are no longer deductible to the payor.
Courts prefer a set amount of maintenance, but the award may also be a percentage of the payor’s income in circumstances in which the payor’s income is unpredictable.
The term of a maintenance order may vary for any number of reasons that are appropriate in a specific case. Most orders state that maintenance shall cease and be waived upon the death of either party or the remarriage of the receiving spouse.
Many parties also stipulate that maintenance will cease if the recipient cohabitates with another person or is in a “marriage-like” relationship. Some orders specify that the order shall cease when the recipient turns 65.
Some orders are for a set time, with the goal that at the conclusion of that time frame, the recipient spouse would be self-supporting.
Maintenance may be the result of a stipulation or a contested hearing. A court may order a maintenance award for a fixed duration, or it may be indefinite.
Either party can seek to modify a support order for maintenance, but they must take steps to do so.
Other scenarios may apply:
Cordell & Cordell was founded in 1990 as a law firm with a focus on men’s divorce and family law. Over the decades, our attorneys have seen firsthand the biases and stereotypes men may face in court, and we’re committed to representing, advocating, and standing up for men’s rights.
Our law firm believes in providing diligent and aggressive legal representation. If you’re being treated unfairly, we can take your case straight to court to resolve your domestic issue. Our clients know we will do all we can to protect them.
“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” — Brian H.
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Cordell & Cordell attorneys truly understand the obstacles men face in divorce issues and the challenges they often must overcome, such as making support payments or getting financial support. Our job is to advocate for you and protect your rights.
To schedule a consultation with one of our family law attorneys, call us at 866-DADS-LAW (323-7529) or fill out our online contact form, and a member of our legal team will be in touch.
Generally, there are four different types of alimony a Wisconsin court will award.
Theoretically, child support doesn’t impact the amount of maintenance awarded in a Wisconsin family court. However, child support can indirectly affect how much alimony is ordered. For example, if a spouse is collecting a significant amount of child support, the court may order less alimony. Another scenario is when one party has a high child support obligation and cannot afford to pay much more alimony due to their income level.
The State of Wisconsin does not set the length of time a couple must be married to receive alimony.
Generally speaking, those married less than 10 years will likely have no alimony awarded, 10–20 years may find alimony awards correlate with half the length of the marriage, and marriages lasting more than 20 years are more likely to see indefinite maintenance awarded.
This doesn’t mean this is a hard-set rule. Courts will take many factors into consideration when determining alimony.
If a court orders you to pay maintenance, then you are obligated to pay it. However, in some instances where alimony is not necessary, you may be able to have it changed. For instance, short marriages and prenuptial agreements can have a significant impact on court decisions regarding alimony.
It is common that maintenance is paid by income assignment and paid through the state’s trust fund, WI SCTF. However, payments may be made directly from one party to the other upon approval of the court.
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
