Spousal support (also known as spousal maintenance or alimony) is awarded when one spouse makes significantly more than the other and the recipient spouse’s income is insufficient to support them at the level which the spouse was accustomed to during the marriage. There are a variety of additional factors that play a role in the amount of money spouses should receive after a divorce.
When facing divorce, many people have questions about alimony. In Wisconsin, the word “maintenance” is used within the statutes for divorces and legal separations. However, maintenance and alimony are often used interchangeably and mean the same thing. While Wisconsin state statutes do provide some guidance for determining maintenance, the courts have a lot of discretion when it comes to granting, determining the length, and calculating the amount of alimony.
Alimony is not given for every divorce. The court considers several factors when determining whether spousal maintenance is appropriate in a case including length of the marriage, health and age of each spouse, and any prior or prenuptial agreements between the couple.
Alimony is referred to as maintenance in Wisconsin Statutes. It consists of payments that a court may mandate one spouse to provide to the other following a divorce, annulment, or legal separation. Alimony may be awarded permanently or temporarily. The amount of alimony may also be modified if there has been a substantial change in circumstances, such as job loss, retirement, or the recipient remarrying. It is up to the court’s discretion to determine if a modification in alimony is appropriate.
Alimony, spousal support, and spousal maintenance are interchangeable terms for the same legal concept. “Maintenance” is typically the word used by the Wisconsin statutes and courts, and is used in the court filings and orders.
Wisconsin maintenance statutes give the courts a lot of discretion when it comes to calculating maintenance. Wisconsin law generally holds that maintenance serves two primary purposes: (1) ensuring the recipient spouse can maintain a standard of living similar to what was enjoyed during the marriage and (2) an equitable financial arrangement between the parties. It is a no-fault consideration focused on fairness, supporting a spouse’s self-sufficiency, or balancing lifestyles after a long-term marriage.
Alimony can be awarded on a temporary basis during the divorce process. When calculating temporary alimony during the course of a divorce, the court looks at each spouse’s net monthly income and their necessary living expenses. Net monthly considers both parties income after standard withholdings including income taxes, medicare and social security contributions, insurance premiums, and retirement savings.
Alimony can of course also be awarded after the divorce is final. In that case, the court has the discretion to use each spouse’s gross monthly income when calculating alimony. Gross income considers income before the standard withholdings.
The important thing to note is that when it comes to minor children in a divorce, alimony comes second to child support. The best interest of the child always comes first in a divorce and there are statutory guidelines setting forth how to calculate child support in divorce proceedings. If there is still a large discrepancy in income between the spouses after child support, the court can consider granting alimony as well.
Wisconsin statute 767.56 lists several factors to be used in considering spousal support, including but not limited to
While there is no marriage length requirement in Wisconsin, the courts will usually only consider awarding alimony in marriages that have lasted a certain length of time. Generally, the courts will not grant maintenance unless the couple has been married for at least ten years.
The court rarely grants alimony in short marriages because the goal is to restore each spouse back to their pre-marital financial position rather than create dependency. In addition, it is generally assumed both parties have the ability to support themselves through their own efforts unless they are unable to work. There are some exceptions in short term marriages when the court will consider spousal support on a temporary basis. Significant income disparity, significant health issues, or employment and educational sacrifices made by one spouse to the other spouse’s career during the marriage are some of the instances where courts may consider granting alimony in short term marriages.
The duration of alimony depends on the facts of the marriage rather than a strict formula. The main factor the court looks at to determine how long alimony should be paid for is the length of the marriage.
Here are common patterns for the duration of alimony in Wisconsin:
There are several types of alimony payments that courts can grant: permanent, temporary, rehabilitative, or lump-sum. Permanent alimony means that one person pays the other indefinitely. Temporary alimony is where one person pays the other a set amount during the divorce proceedings. Rehabilitative alimony is a temporary payment designed to support a lower-earning spouse while they obtain the education, training, or work experience needed to become self-sufficient. Lump-sum alimony, also known as a maintenance buyout, is when a lump sum payment is given in full or in part to remove or reduce monthly payments.
Permanent alimony means there is no end date to the monthly payments a person receives. The payments only terminate upon the death of either spouse.
Permanent alimony is generally awarded in long-term marriages, at least 20 years, where one spouse is unable to become self-supporting. The receiving spouse may have significant health or disability issues, is at an advanced age, or sacrificed their own education or career to support the other spouse’s career. There may be a large income disparity between the spouses, especially if one spouse was a stay at home parent.
Temporary alimony only lasts during the divorce process. Once the divorce is finalized, temporary support is terminated. The purpose of temporary alimony is to help maintain financial stability for a spouse while the divorce is pending. The court will look at each spouse’s income, necessary living expenses, and the ability to pay maintenance. A temporary order is needed to grant temporary maintenance in a divorce case.
Rehabilitative alimony is meant to support one spouse while they prepare to become self-sufficient. This could mean going back to school, getting training, or gaining experience in the workforce. The alimony is meant to stop once that spouse can support themself, has had a reasonable opportunity to do so, or as agreed to in the divorce settlement.
Rehabilitative alimony can be modified if circumstances change and self-sufficiency takes longer than planned, but the receiving spouse must show good faith efforts to get education, receive training, and find work for the court to consider modification.
Lump-sum alimony or maintenance buyout, is usually a one-time payment instead of ongoing monthly payments. There is also an option to pay a larger lump sum upfront, and then smaller monthly payments going forward. One advantage of a one-time maintenance buyout is that the spouses can sever ties and go their separate ways after the divorce. It is important to note that lump-sum alimony is a result of a negotiated agreement between the parties which is approved by the court. The court may not have the ability to require lump sum payment if the parties do not have an agreement.
Lump-sum payments cannot be modified later, even if the receiving spouse remarries. The purpose of lump-sum maintenance is usually to help the lower-earning spouse meet specific, immediate needs, such as purchasing a new home.
