Divorce Guide

Divorce Guide

Wisconsin Divorce Alimony

Wisconsin divorce alimony is the form of spousal support that is awarded by the court if it finds it to be just. Depending upon the nature of the divorce and the needs and the financial status of both the spouses, the court of Wisconsin has the right to award, reserve and deny the claim of alimony. The court reserves the awarding of alimony if it finds that though it is unnecessary to reward the sum of alimony at present but might develop circumstances that may lead to the reviewing of the claim for alimony in future.

If the court finds that one of the spouses is economically dependent on the other and he or she is unable to maintain the quality of life that he or she used to enjoy before the marriage, the court may award alimony. Generally, the sum of money to be paid as alimony is 50% of the total of the incomes of both the spouses.

While making a decision of whether the alimony is to be paid or not or if it is to be paid then how much and for how long, the court takes into account various conditions that would indicate the degree of need of the receiving spouse and the paying capacity of the payer spouse. The following are the circumstances based on which the court decides the amount and duration of the alimony.

Factors for Determining Wisconsin Divorce Alimony
  • The length of marital life
  • The age, mental and physical health of the spouse
  • The equitable distribution of property
  • The educational background of both the spouses. A special note is taken if either of the spouses attains any educational degree during marriage life or at the time of the divorce proceeding.
  • The employability and the income generating capacity of the spouse seeking for the alimony
  • The consequences of tax after receiving the alimony. Unlike child support alimony is accounted as a taxable income for the spouse who receives it.
  • The degree and extent of contribution made by the alimony seeking spouse to help the other in his or her career pursuits or in the process of accumulation of wealth.
The court holds the absolute right of determining the sum and duration of alimony only if the couple fails to come to any terms of understanding regarding the payment of alimony. The court in most cases denies the payment of alimony if the marital life is for a very short duration. Even if the alimony is awarded, the sum is very nominal. In cases of marriages extending for a time period of over 15 years, spousal support is more likely to be awarded and even in some special cases permanent form of Wisconsin divorce alimony may also be awarded.

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