WISCONSIN MAINTENANCE ATTORNEYS

Family Law ~ Maintenance Attorneys

A Team of Compassionate Divorce Attorneys Providing Dedicated Legal Services to Clients with Questions and Concerns About Maintenance

Maintenance, which is sometimes known as spousal support and officially known as spousal maintenance in Wisconsin, is financial support paid by one spouse to the other following a divorce or separation to ensure that the lesser-earning party maintains a certain standard of living. In divorce cases, a spousal maintenance award is provided to the recipient spouse until they can become self-sufficient. Maintenance is similar but notably different from child support in that child support is for the benefit of the children, and maintenance is for the financial security of the recipient party.

Sometimes, Wisconsin courts deem it necessary to order the higher-earning spouse to pay maintenance to the other spouse based on many factors, such as the length of the marriage, considerations for tax consequences, child custody arrangements, education level, and job market possibilities, as well as any other factor that the court deems relevant. As a general rule, long-term marriages where one of the parties earned significantly more than the other party seeking maintenance will be asked to pay maintenance to the lesser-earning party for a certain length of time.

Whether you are the paying spouse or the spouse seeking maintenance until you can become self-supporting, it is strongly recommended that you seek the legal representation of a family law lawyer well-versed in Wisconsin divorce law. Our firm has a deep understanding of the Wisconsin statutes that apply to maintenance cases and can represent your interests in court as you fight for an maintenance arrangement that is fair and reasonable.

To learn more about Wisconsin maintenance and the many factors that can impact maintenance arrangements, please contact our law office to schedule your complimentary consultation with our legal team today.

What Are Wisconsin’s Maintenance Laws?

In maintenance cases, the general rule is that the spouse with a greater earning capacity or more assets pays financial support, and that the party who receives maintenance is the spouse who made less or has fewer job prospects.

Several unique circumstances determine whether one party or the other should be the spouse to receive maintenance in Wisconsin. When going through an maintenance case, it is highly recommended that you work with experienced attorneys who are well-versed in Wisconsin divorce laws and other applicable statutes.

Firstly, it’s crucial to establish that maintenance payments are not ordered in every divorce case in Wisconsin. Relatively few divorce cases result in spousal support orders in our state. Generally, spousal maintenance is only awarded when there is a substantial gap in the current and future economic prospects between one party and the other. Additionally, the party who wishes to receive maintenance must illustrate to the court that financial support is justified and necessary to maintain their Wisconsin lifestyle.

The amount of the maintenance award and the duration of the payments will vary on a case-by-case basis. The length of the marriage and other factors, such as the physical health of both parties, will determine how long the maintenance arrangement lasts. In most maintenance cases, the longer the marriage and the greater the disparity of financial prospects between the two spouses, the more likely maintenance will be ordered.

What Are the Different Types of Maintenance in Wisconsin?

There are three different types of maintenance in Wisconsin. What kind of maintenance will be granted in your divorce depends on several circumstances.

The different kinds of Wisconsin maintenance include the following:

  • Compensatory maintenance is meant to help repay one party for the time and money they missed out on in their own careers to assist with the earning capacity of the other spouse, such as helping them through medical school, taking the significant burden of custodial responsibilities, and other contributions, either financial or otherwise. With divorce looming, the party that sacrificed for the marriage can seek compensation for their time and money.
  • Lifestyle maintenance is Wisconsin’s most common type of spousal support. This type of maintenance award allows the two spouses to enjoy a similar standard of living and to continue lifestyle choices they previously enjoyed during their marriage. In many cases, lifestyle maintenance is ordered for a longer-term marriage that lasted for a decade or more, but it can sometimes be ordered in shorter marriages as well.
  • Rehabilitative maintenance is provided to get someone back on their feet financially, with the hope that they can become independent and self-supporting. In some cases, the party may be about to rejoin the workforce, finish their education, or be recovering from an injury or an illness. Rehabilitative maintenance provides them with financial assistance over a short-term period..

Who Do Our Family Law Attorneys Represent in Maintenance Cases?

Our Wisconsin law firm has extensive experience representing clients in family law cases. We handle all types of legal matters related to maintenance and would be proud to advocate for your legal rights and pursue the optimal outcome in your case.

We proudly represent the paying and the recipient spouse in maintenance matters.

We provide dedicated legal representation for the paying spouse during and after divorce proceedings. We can assist you with putting together a strong case that may limit the amount of maintenance you are expected to pay. Sometimes, it may be possible to avoid paying for spousal maintenance altogether. We can also help you review your prenuptial agreements (if any) and any mutual agreements made during mediation.

Suppose you believe you are entitled to recover maintenance as part of a divorce settlement. In that case, our legal team is here to answer any questions and resolve any concerns that you may have about the process. Our maintenance attorneys will gather all evidence to support a strong case, such as your spouse’s financial information, and draft a compelling petition for maintenance.

What Factors Go into Determining Maintenance?

If possible, the financial consequences of going through a divorce should be shared equally by both parties, and both parties should be provided with the same opportunities to recover financially from the divorce proceedings. Unlike child support, which is based on strict guidelines in Wisconsin, family law judges have broad discretion in calculating maintenance awards, making predicting such an award difficult. The courts will consider several factors when determining whether maintenance is needed, how much should be paid, and for how long.

The many factors that go into a judge’s decision-making on maintenance awards include the following:

  • The physical and emotional health of both ex-partners
  • Each spouse’s education level
  • The duration of the marriage
  • Child custody responsibilities
  • The age and life expectancy of either spouse
  • Each party’s contributions and sacrifices to the marriage
  • The work history of both parties
  • Tax consequences for both parties
  • The earning capacity of both spouses
  • Any mutual agreements made by the parties before or during marriage
  • The division of property
  • The likelihood that the party seeking maintenance can become self-supporting after a divorce
  • And any other factors that the court deems relevant to the maintenance case

According to Wisconsin law, marital misconduct or adultery cannot be considered relevant factors when calculating maintenance payments.

What Determines How Long Maintenance Payments Continue?

Maintenance payments can be temporary or permanent. Typically, the dynamics of the marriage, income inequality, and other factors will determine how long maintenance is considered appropriate.

Limited-duration maintenance is usually awarded when the dependent spouse is believed to be able to one day become self-supporting again. These maintenance payments can be ordered while the recipient spouse gains education, learns new skills, or seeks new employment. Limited-term spousal maintenance is also usually appropriate when one spouse leaves a job to take on custodial responsibilities and raise the children instead of reentering the workforce.

Indefinite spousal support is more typical in divorce cases for long-term marriages. Indefinite maintenance payments help ensure that the recipient spouse maintains a certain level of financial security regardless of age, employability, or health issues.

Depending on the circumstances, requesting maintenance modifications may also be possible. In such cases, one party must establish that there has been a significant change in circumstances upon which the ordered payments were founded. A motion to modify maintenance payments must be filed with the appropriate courts.

Schedule a Complimentary Consultation with Our Experienced Wisconsin Maintenance Lawyers to Discuss Your Family Law Case Today

Whether you are seeking to receive spousal maintenance payments or hoping to avoid them entirely, our law firm has the legal experience to assist you through the process and help you towards a satisfactory resolution. We are a team of compassionate family law attorneys dedicated to helping clients through some of the most difficult times of their lives. When you come to our law offices, you will be greeted with respect and dignity, and we will be by your side throughout the legal process.

To learn more about the benefits of retaining our legal counsel, please contact HKK Law Offices to schedule your complimentary consultation with our lawyers today.

Contact HKK Law Offices at 920-635-2992 or visit the Complimentary Consultation button at the top of the page to schedule online.

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