Divorce Alimony in Wisconsin

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In this state, the payments made by one spouse to other are referred to as "maintenance", whereas the term "alimony" is rarely used. The general public also calls these payments as "separate maintenance" or "family support". In fact, family support is a blend of maintenance and child support. Divorce alimony in Wisconsin is given to the partner who has to establish himself/ herself, post divorce. Sometimes the person is totally dependent on his/ her partner during the marriage and it becomes difficult for them to start afresh.

The recipient of maintenance must include these payments in his/her gross income for calculation of tax. On the other hand, the payer can consider it as a tax deduction. There are certain factors that are to be considered by the judge in order to take alimony.

Factors considered by court when granting alimony in Wisconsin

The court gives due regard to the following factors while determining the amount and duration of alimony. All these factors should be taken seriously before demanding alimony.

  • The inputs made by one partner to the education, training and/or increased earning power of the other partner is one of the most important factors that help in deciding the person who will get the alimony.
  • Whether the spouses seeking divorce has made any mutual agreement prior to or during the marriage? If yes, is this agreement regarding any arrangement of financial support of the spouses? Alternatively, as per the terms of this agreement has any spouse made service or economical inputs to the other spouse with an expectation of any compensation in the future. Has such a repayment not taken place?
  • The tax ramifications of the alimony award to each party.
  • Is it practical that the spouse requesting for alimony can become self reliant in the future and can thereby maintain the standard of living that was experienced during marital life? If yes, what is the duration of time essential to attain this objective?
  • The following points regarding the partner seeking alimony:
    • The earning capacity
    • Educational background
    • Training
    • Employment skills
    • Work experience
    • Duration for which this partner was absent from the job market?
    • Does this partner have custodial responsibilities of any child?
    • The money and duration essential for this partner to attain adequate education and training to find a suitable job.
  • The relative educational levels of both spouses at the moment of marriage as well as at the moment of filing for the divorce.
  • During the divorce settlement, how has the distribution of property taken place?
  • The emotional state, physical condition and age of the spouses are other most important things that are considered at the time of awarding alimony.
  • The duration of marital life is of great significance as well.
  • In each individual case, the court might find some factors that are relevant to this topic.

Stipulation to Divorce Wisconsin Alimony

A Stipulation means an agreement that is created amongst the divorced spouses or spouses seeking divorce. After this agreement is drafted, it is submitted in the court to get approved. The spouses can include the terms of maintenance in this stipulation. However, unless the court approves these papers, the stipulation cannot come into effect. It is necessary that all the authentic information is stated in those papers so that the right decision can be taken by the judge.

Alteration to Wisconsin Alimony

Either spouse can make a motion in the court to review a previous maintenance order. The court takes into account the following factors in response to this motion:

  • The financial stability of either partner. It is necessary that the partner who is financially weak gets alimony so that he/she can re-establish themselves. On the other hand, the amount that the person is liable to pay is decided by the judge.
  • The health of the payer and recipient are also of great importance as only after reviewing all these things can the alimony be granted.
  • Any change in circumstances of the partners also plays a major role in the decision made by the judge.

Eventually, the court decides whether to alter the amount and duration of the alimony.

All the information about divorce alimony in Wisconsin is true and will help all the couples understand the major points about getting alimony and things that are to be followed if you have to pay the amount. An attorney should be consulted in case of any doubt.

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