In Wisconsin, there is no specific minimum marriage duration legally mandated to receive spousal support, often referred to as "maintenance." Instead, courts consider a variety of factors when determining if spousal support is appropriate, how much should be paid, and for how long. While not a strict rule, it is frequently observed that marriages lasting longer than 10 years are a significant benchmark that can influence the court's decision, especially concerning the potential for longer-term or indefinite maintenance awards.
Wisconsin Spousal Support: An Overview
Spousal support, or maintenance, in Wisconsin is a payment made by one spouse to the other after a divorce. Its purpose is to help ensure a fair and equitable financial outcome for both parties, particularly when there is a significant disparity in income, earning capacity, or if one spouse sacrificed their career for the family or to support the other's career. Unlike child support, there's no fixed formula; the court has considerable discretion based on individual circumstances.
For a comprehensive understanding of Wisconsin's maintenance laws, refer to Wisconsin Statute 767.56, which outlines the factors courts consider.
Key Factors Influencing Maintenance Decisions
Wisconsin courts evaluate numerous factors when deciding on spousal maintenance. These factors guide the judge in making a fair determination that addresses the financial needs and capabilities of both parties post-divorce.
Here are the primary considerations:
- Duration of the Marriage: While no minimum is required, the length of the marriage is a crucial factor. Longer marriages, particularly those extending beyond 10 years, are often seen as establishing a greater need for maintenance to allow the lower-earning spouse to maintain a standard of living similar to that enjoyed during the marriage.
- Age and Physical and Emotional Health of the Parties: The court considers the age and health of both spouses, as these can impact their ability to work and support themselves.
- Earning Capacity: This includes the educational background, training, employment skills, work experience, and the time and expense necessary for the party seeking maintenance to acquire the appropriate education or training to find suitable employment.
- Contribution to the Marriage: The contributions of each party to the marriage, including contributions as a homemaker, parent, and efforts to further the education or career of the other party, are all taken into account.
- Income Disparity: A significant difference in the income and earning potential of each spouse is a powerful factor. For example, if one spouse earns substantially more, such as $70,000 annually, while the other earns $25,000, this considerable income disparity would be a key consideration for the court in determining the necessity and amount of maintenance.
- Property Division: The court will consider the property assigned to each party as part of the divorce settlement.
- Tax Consequences: The tax implications of the maintenance award for both parties are also factored in.
- Any Other Factors: The court may consider any other factors it deems relevant to achieve a just and equitable outcome.
The Significance of Income Disparity
Beyond marriage length, the financial standing of each spouse is paramount. When there's a substantial gap in income, spousal support can be awarded to help balance the financial scales. The goal is often to prevent one spouse from experiencing a drastic decline in living standards while the other maintains a much higher quality of life. Courts look at both current income and future earning potential to assess the true financial needs and abilities.
Overview of Maintenance Factors
For a clear summary, the following table outlines the main factors Wisconsin courts consider for spousal maintenance:
| Factor Considered | Description |
|---|---|
| Duration of Marriage | No legal minimum, but marriages over 10 years are a strong consideration, especially for long-term support. |
| Income & Disparity | Current and potential income of both spouses; significant differences (e.g., $70K vs. $25K) are crucial. |
| Earning Capacity | Education, skills, and time/cost for training to become self-supporting. |
| Contributions | Both financial and non-financial efforts (homemaking, childcare, career support). |
| Age & Health | Physical and emotional well-being affecting ability to work. |
| Property Division | How assets and debts are divided in the divorce. |
| Tax Consequences | The tax implications of maintenance payments for both parties. |
Seeking Legal Guidance
Divorce and spousal support cases can be complex, and their outcomes depend heavily on the specific circumstances of each marriage. Given the discretion courts have, it is highly recommended to consult with a qualified Wisconsin family law attorney. They can provide personalized advice, help you understand your rights and obligations, and guide you through the legal process to advocate for a fair resolution.
