Can I get spousal support?

Spousal support is awarded by the court in certain situations or by agreement of the parties. Many factors affect the likelihood of whether a person will be awarded spousal support. Wisconsin courts consider ten factors in determining a spousal support award, including:

  • The length of the marriage.
  • The age and physical and emotional health of the parties.
  • The division of property made in the divorce.
  • The educational level of each party at the time of marriage and at the time the action is commenced.
  • 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.
  • 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.
  • The tax consequences to each party.
  • 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, where such 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.
  • The contribution by one party to the education, training or increased earning power of the other.

These factors will be considered on a case-by-case basis to determine your likelihood of an award of spousal support due to the wide range of circumstances and factors that impact such an award. Please contact us to schedule a consultation.

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