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Home / Family Law / WISCONSIN DIVORCE LAW: AM I ENTITLED TO MAINTENANCE/ALIMONY AFTER DIVORCE?

WISCONSIN DIVORCE LAW: AM I ENTITLED TO MAINTENANCE/ALIMONY AFTER DIVORCE?

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Sep 21, 2012 ·

There is no entitlement or guarantee to maintenance after a divorce.   A spouse’s ability to receive maintenance (otherwise known as alimony) is based on several factors  including the length of marriage, the spouses’ health, education, earnings and earning ability, the division of property, and contributions (financial, childcare, homemaking, etc.) to the marriage.   If maintenance is awarded, it is often limited in time and amount.  In a long-term marriage, the starting point may be an equal division of both spouses’ incomes.  As the length of the marriage and income inequality decreases, maintenance may also decrease in amount and length.  In my experience as a divorce attorney in the Dane, Sauk, and Columbia county areas, the trend is toward limiting maintenance.   The ultimate goal is to ensure that both parties can support themselves after the marriage, and that the maintenance payments are fair to both parties.  Unmarried parents should note that maintenance is only available after a marriage.

The judge has wide discretion to order the length and amount of maintenance payments.   The judge is guided by the factors set out in Wisconsin law, but the decision is not an exact science.  The demeanor and credibility of the parties, and the presentation of the argument also affects the judge.  Therefore, whether you are the payor or recipient, it is important to consult with an experienced divorce lawyer who can present your position to the judge and achieve your desired result.

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Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
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MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

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