Expert Guidance on Spousal Support and Maintenance
Divorce often brings significant financial challenges. At Herrling Clark Law Firm, Ltd., we understand the importance of maintaining your standard of living and securing your financial future post-divorce. Our experienced attorneys are here to advocate for your short-term and long-term financial interests.
Every individual’s financial situation is unique. Our team is experienced in crafting personalized strategies for spousal support and maintenance that align with your specific needs and goals. We work diligently to ensure you receive the resources necessary to maintain your lifestyle and pursue your aspirations.
Committed To Protecting Your Rights And Financial Security
As seasoned child support lawyers, we recognize that financial concerns extend beyond spousal support. Our comprehensive approach covers various aspects of your financial well-being, including:
- Spousal support/maintenance calculations
- Child support arrangements
- Property division strategies
- Tax implications of divorce
- Protection of non-marital assets (e.g., inheritances)
- Post-divorce financial modifications
Divorce can be emotionally and financially stressful, but you don’t have to face these challenges alone. Our team of experienced attorneys is here to guide you through every step of the process, ensuring your financial interests are protected.
Our attorneys can help you with the following family law:
FAQs
Spousal support or maintenance is the term for court-ordered payments made by one person to their former spouse after a divorce or legal separation.
In Wisconsin, there is no functional difference; they refer to the same thing. While the public often uses the term “spousal support,” the Wisconsin Statutes officially use the term “maintenance.” Regardless of the label, the legal objective remains the same: ensuring a fair financial transition for both parties after a divorce and that spousal rights in divorce are met
The duration of maintenance in Wisconsin is highly dependent on the length of the marriage. While there is no “hard” rule, Wisconsin courts often follow these general guidelines:
- Short-term marriages (under 10 years): Maintenance is rarely awarded unless there are exceptional circumstances.
- Medium-term marriages (10–20 years): Maintenance is often awarded for a period equal to roughly half the length of the marriage.
- Long-term marriages (20+ years): The court may order “indefinite” maintenance, which lasts until either party dies or the recipient remarries.
Unlike child support, Wisconsin has no fixed formula or percentage for calculating maintenance. Instead, judges have broad discretion to weigh several statutory factors, including:
- The length of the marriage.
- The age and physical/emotional health of both spouses.
- The division of property.
- Each spouse’s education level and earning capacity.
- The feasibility of the party seeking maintenance becoming self-supporting at a comparable standard of living.
Because there is no simple spousal support payment calculator, having a skilled advocate, like a Herrling Clark spousal support attorney, is essential. Contact Herrling Clark Law Firm to help project a fair maintenance amount for your case.
Yes. “Alimony” is an older, traditional term that is still used in many other states and by the IRS. However, the Wisconsin legal system replaced the word “alimony” with “maintenance” decades ago. If you see “alimony” on tax documents or in general conversation, it refers to exactly what Wisconsin calls spousal maintenance.
You pay until the date specified in your divorce judgment or until a “terminating event” occurs. In Wisconsin, maintenance payments automatically end if:
- The recipient spouse remarries.
- Either spouse passes away.
- The court-ordered duration (for limited-term maintenance) expires. If you believe your circumstances have changed before these events occur, you may file a motion to modify or terminate payments.
No one is automatically entitled to maintenance in Wisconsin. It is awarded based on two main goals: support (ensuring the recipient can pay their bills) and fairness (compensating a spouse for contributions to the other’s career or for long-term domestic partnership). Generally, you may be a candidate for maintenance if there is a significant income gap between you and your spouse and you were married for at least 10 years.
Maintenance is considered one of the most unpredictable areas of Wisconsin family law because it rests entirely on a judge’s discretion rather than a math equation. It is “hard” in the sense that you must provide compelling evidence regarding your budget, your spouse’s ability to pay, and your historical contributions to the household. Because results vary significantly by county and by judge, local legal expertise is critical.
Unsure if you qualify for maintenance or worried about overpaying? Contact Herrling Clark Law Firm today.
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