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How Does a Court Determine if a Spouse is Entitled to Maintenance?

by | Jan 10, 2015

A court will consider the following factors to determine if a spouse is entitled to maintenance:

1.  The length of the marriage.

2.   The age, physical and emotional health of the parties.

3.   The division of property made under s. 767.61 Wis. Stats.

4.   The education level of each party at the time of marriage and at the time the action is commenced.

5.   The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.

6. The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.

7. The tax consequences to each party.

8. Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, if the repayment has not been made; or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.

9. The contribution by one party to the education, training or increased earning power of the other.

10.   Such other factors as the court may in each individual case determine to be relevant.

Written by Linda Vanden Heuvel

Linda is a skilled litigator but also has the ability to negotiate favorable settlements on behalf of her clients. She saves her clients time, money, and emotional distress through settlement negotiations.
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