Spousal support, also called maintenance in Wisconsin, helps a lower-earning spouse maintain financial stability after a divorce. However, the court does not award spousal support in every case.
Instead, the court looks at several factors to decide if support is fair and necessary. Knowing when the court will choose to award spousal support will help you prepare for life after separation.
Factors that affect spousal support
The length of the marriage matters. Long-term marriages are more likely to result in support orders. For example, if one spouse stayed home for many years while the other worked, the court may award support to help balance the financial gap.
The court also considers each spouse’s education, work history and ability to earn income. If one spouse has limited job skills or needs time to return to school, the court may grant support to help with the transition.
Age and health also play a role. A spouse who cannot work due to age or health problems may need support to cover living expenses. The court will look at the health of both spouses before making a decision.
The importance of standard of living
As part of any spousal support decision, the court also reviews the standard of living during the marriage. It may award support to help the lower-earning spouse maintain a similar lifestyle. The goal is not necessarily to create equal incomes, but to avoid unfair hardship.
Another important factor is the division of property. If one spouse receives more assets in the divorce, that may reduce the need for support. However, if the property split does not meet the financial needs of one spouse, support may help fill the gap.
Wisconsin courts award spousal support when one spouse needs help and the other has the ability to provide it. Every case is different, so the details of each marriage matter when the court decides whether to award maintenance.
