Going through a divorce is difficult, no matter how long it’s been coming. The emotional toll is hard enough without having to worry about the financial side of things. But here you are.
If you’re facing divorce in Wisconsin, understanding alimony (also called spousal support) could make a big difference in your future. Wisconsin law aims to help both spouses maintain a reasonable standard of living after divorce. As such, alimony exists to address financial imbalances after divorce.
Whether you might pay or receive alimony, knowing your rights matters. Let’s break down everything you need to know about spousal support in Wisconsin.
Factors Considered in Alimony Determinations
Alimony isn’t a simple calculation. You can’t just plug numbers into a calculator and get an answer. The court weighs many factors to determine what’s fair.
The only simple part? Once a judge makes a decision, both parties must follow it. But knowing what factors influence that decision can help you prepare for what’s ahead.
Length of the Marriage
The length of your marriage plays a massive role in alimony decisions, as it often determines how long payments will last.
Here’s our rule of thumb as Wisconsin lawyers: marriages under 10 years rarely qualify for alimony. For marriages between 10-20 years, expect alimony payments to last about half the length of the marriage. Marriages over 20 years might result in indefinite alimony.
Note that these are not official rules but rather norms. The reason for these timeframes is quite straightforward. After 10+ years together, couples usually have deeply connected finances. The spouse receiving alimony needs time to become financially independent.
Age and Health of Each Spouse
Courts want both ex-spouses to keep close to their pre-divorce lifestyle. Age and health also play roles here. After all, what works for a healthy 30-year-old might not work for someone dealing with chronic health issues in their 50s.
An older spouse or someone with health problems might struggle to work full-time. They might need extra support to maintain their quality of life. Courts look especially closely at situations involving disabilities or chronic conditions that affect earning ability. In these cases, the court may award more alimony to help them maintain financial stability.
Earning Capacity and Financial Resources
Assets matter. If one spouse has significantly more resources, they might need to pay alimony to balance things out. The court wants to prevent one spouse from struggling while the other lives comfortably.
The court looks at both current income and potential future earnings. For instance, one spouse might be college-educated but decided to stay home with the kids instead of joining the workforce. They might have higher earning potential than someone without that background.
Contributions to the Marriage
This factor confuses many of our clients and with good reason. After all, how do you measure different types of contributions? It’s not just about who earned the bigger paycheck.
Money counts for sure. But so does running the household. Making dinner. Watching kids. Supporting your spouse’s career moves. Taking care of daily life. Courts see value in all these roles. That stay-at-home parent who managed everything so their spouse could climb the corporate ladder? Their contribution counts.
Education and Job Training Needs
Much like earning capacity, education and job training tend to affect alimony decisions. Courts look at what it will take for both parties to become self-sufficient.
Say you paused your career to support your spouse. Now, you need extra training to catch up. Or perhaps your skills became outdated while managing family life. Courts consider these needs when setting alimony amounts.
For instance, if you need to complete a degree or get certifications, the court might order longer support to cover that transition period. They might even include provisions for educational expenses in the alimony agreement.
Property Division
The property division process is another complex factor that would deserve its own article. But here’s how it connects to alimony: they’re like two sides of the same coin.
Getting more assets might mean less alimony. Having fewer assets could mean you need more support. It’s all about finding balance. For example, if you keep the family home with substantial equity, you might receive less alimony than if your ex keeps the house.
The court looks at the whole financial picture.
Marital Misconduct
Wisconsin runs on no-fault divorce rules. That means cheating won’t affect your alimony. This surprises many clients, but it’s true – Wisconsin courts don’t punish infidelity through alimony.
But there’s a twist: if misconduct directly impacted your finances, it might matter. The other party might have hidden assets, gambled away savings, or spent marital money on an affair. That could influence property division and potentially alimony too. Also, check your prenup. Some include special rules about infidelity.
Types of Alimony in Wisconsin
Different situations need different solutions. Wisconsin offers several types of alimony to match various circumstances. Let’s explore your options.
Rehabilitative Alimony
Think of this as a helping hand while you get back on your feet. It helps pay for education or training to become self-supporting. Wisconsin law (Wis. Stat. § 767.225(1)) lets judges order temporary support during divorce. They might extend it if needed, especially when circumstances change.
Maintenance Alimony
This is the most common type in Wisconsin. It helps bridge financial gaps while someone works toward independence. Think of it as providing stability during the transition to the “single life.” The factors we discussed earlier help determine how much you’ll receive and for how long. The goal is to get a spouse to a place where they can support themselves.
Indefinite Alimony
Some cases need long-term support – usually after very long marriages where one spouse has limited earning potential.
Take, for example, a 40-year marriage where one spouse was the breadwinner and the other a homemaker. For the latter, starting fresh in today’s job market would be nigh impossible. Indefinite alimony can help. It provides ongoing support when becoming self-sufficient isn’t realistic.
But “indefinite” doesn’t always mean forever. Changes in circumstances might still lead to modifications. More on this in the next section
Modification and Termination of Alimony
Life changes, and so can alimony. Here’s what might trigger changes:
- Significant increase in recipient’s income
- Major decrease in payer’s income
- Recipient moves in with a new partner
- Remarriage
- Death of either party
If you want to modify your alimony, start by petitioning the family court. Bring evidence to support your case. The court might schedule a hearing to review your request.
Alimony and Taxes
Even alimony can’t escape tax season headaches.
If you’re paying alimony, you’ll generally find these payments deductible. So, if you pay $30,000 in alimony per year, your taxable income could be reduced by the same amount. But remember – you’ll need pristine records to back up every payment.
For those receiving alimony, the IRS considers these payments as taxable income. You’ll need to report every dollar on your tax return. If you receive $2,000 in monthly alimony, that’s $24,000 in taxable income for the year. Many recipients find it helpful to set aside a portion of each payment for estimated tax payments.
Keep in mind these rules can vary depending on when your divorce was finalized. The Tax Cuts and Jobs Act changed how alimony is taxed for divorces finalized after December 31, 2018. We recommend checking with a tax professional about your specific situation.
The Role of a Family Law Attorney
As you can see, alimony gets complicated fast.
A good family law attorney helps negotiate fair deals. They know local courts and judges. They understand what arguments work and what evidence matters most. In the end, they protect your rights and have your best interest at heart.
Most importantly, they keep you on the right side of the law. Remember, not knowing the rules won’t protect you from consequences.
Conclusion
Going through a divorce is tough, but you can come out on the other side stronger, both emotionally and financially. Understanding alimony helps you make informed decisions about your future. Whether you’re paying or receiving support, knowing your rights matters.
Ready to discuss your situation? Our experienced team at Vanden Heuvel & Dineen, S.C. can help. We’ll guide you through this process step by step, starting with a free consultation.
For more information, check out these helpful resources:
Wisconsin State Bar Website: https://www.wisbar.org/
Wisconsin Court System: https://www.wicourts.gov/
