Waukesha County Alimony Lawyer
Helping Clients with Maintenance & Spousal Support Disputes
Alimony is an important issue that’s relevant in most divorces. When two people get divorced, one person is almost invariably in a worse financial position than the other. Alimony, maintenance, or spousal support – all of these terms essentially refer to the same thing – addresses this disparity.
The Law Offices of Mark S. Knutson, S.C. can provide the legal advice and services you need to make it through any alimony dispute. Our experienced alimony attorneys in Waukesha County understand the importance of a fair alimony order whether you expect to pay or receive alimony. We are steadfast advocates for our clients and can offer the personalized legal service necessary to help you overcome your obstacles.
For more information or to schedule a consultation, call The Law Offices of Mark S. Knutson, S.C. at (262) 205-0705 today.
How Is Alimony Calculated in Wisconsin?
The courts use a combination of guidelines and calculations when considering how much alimony should be ordered.
Factors that can affect the exact amount of alimony include these:
- Duration of the marriage
- Each spouse’s gross and net annual income
- Number of dependent children
- Monthly child support obligation
- Any other child support order
- Any other alimony order
- Type of alimony requested
Contrary to popular myth, either spouse’s sex isn’t a consideration for alimony. Rather, the courts are more interested in determining who would be in the weaker or stronger financial position after the divorce and assign alimony accordingly.
If you would like an estimation of what you could owe or receive in alimony, reach out to our alimony lawyers in Waukesha County for more information.
Types of Alimony in Wisconsin
The purpose of alimony is to help the spouse in the weaker financial position maintain the lifestyle they had during their marriage, either on a temporary or indefinite basis. Although most people believe only men pay alimony and only women can receive it, either spouse in a divorce can owe or receive alimony from the other.
There are also several different types of alimony in Wisconsin to consider.
Temporary alimony is established for only a limited time. This type of alimony is commonly ordered while a divorce is ongoing and a more permanent alimony order is under dispute.
The duration of permanent alimony order, and the amount owed, depends on several different factors. These include how long spouses were married (a longer marriage can result in a longer or even permanent alimony order) and each party’s earning capacity and income. Expenses are also taken into account.
A periodic alimony order is one in which payments are made on an ongoing basis, but may be terminated or modified in the future. Typically, termination is only permitted when the receiving spouse remarries, cohabits with a new partner, or dies. When a significant change in either spouse’s circumstances occurs (typically tied to their financial outlook), this can result in a modification of the spousal support order.
Modification can result in an increase or decrease in alimony payments, but it’s even possible for a judge to determine alimony is no longer needed and terminate the order.
Lump Sum Alimony
Lump sum alimony is a total amount owed to a spouse for alimony, as determined by the court. Lump sum payments can be made wholly or in installments, but once the debt is satisfied, the financial obligation ends.
Unlike typical alimony orders, the receiving spouse’s remarriage or cohabitation will not affect the paying spouse’s obligation for unpaid alimony debt; likewise, a lump sum alimony judgment can’t be modified.
Like lump sum alimony, rehabilitative alimony can be paid in one or more installments over a period of time. The purpose of rehabilitative alimony is to help the receiving spouse become self-sufficient, which can entail job training, education, and other aspects that can support self-sufficiency. When it’s determined that the spouse is self-sufficient, or had an ample opportunity to become so, the alimony terminates.
When certain circumstances or events transpired during a marriage, a judge can order reimbursement alimony to account for the receiving spouse’s lost share of the paying spouse’s future earnings. For example, a spouse who missed out on obtaining a bachelor’s degree because they supported their spouse’s post-graduate education while occupying a low-paying job may be entitled to reimbursement alimony.
What Is Maintenance & Support in Wisconsin?
Maintenance and support aren’t strictly considered alimony, but they fall under its umbrella.
Maintenance may be awarded when spouses aren’t getting a divorce but are still living apart. Because one spouse may not be financially capable of supporting themselves, maintenance can be ordered to provide them with support.
We Can Help with Your Alimony Dispute
When you are seeking a fair alimony order, you need experienced legal assistance. Our divorce attorneys at The Law Offices of Mark S. Knutson, S.C. have many years of combined experience helping our clients achieve fair alimony judgments.
If you require an alimony lawyer in Waukesha County who’s on your side, you can count on The Law Offices of Mark S. Knutson, S.C.
Call (262) 205-0705 or contact us online to learn more.