Alimony, also known as spousal support, is a financial arrangement designed to provide financial assistance to a lower-earning spouse following a divorce. The goal is to ensure that both parties can maintain a fair and equitable standard of living after the separation. In Milwaukee, determining alimony involves a thorough evaluation of various factors to ensure a just and balanced outcome for both spouses. Here’s an overview of how alimony and spousal support are determined and what factors come into play.

1. Types of Alimony

There are several types of alimony that may be awarded in Wisconsin, each serving a specific purpose:

  • Temporary Alimony: Awarded during the divorce proceedings to provide financial support until the final settlement is reached.
  • Rehabilitative Alimony: Intended to support the lower-earning spouse while they acquire education, training, or skills necessary to become self-sufficient.
  • Permanent Alimony: Awarded for an indefinite period, typically in long-term marriages where one spouse may be unable to achieve financial independence.
  • Reimbursement Alimony: Designed to reimburse a spouse for contributions made during the marriage, such as supporting the other spouse’s education or career advancement.

2. Factors Considered in Determining Alimony

The court considers a variety of factors when determining the amount and duration of alimony:

  • Length of the Marriage: Longer marriages are more likely to result in alimony awards, especially permanent alimony. The court recognizes that long-term marriages may involve significant financial and personal sacrifices by one spouse.
  • Financial Needs and Resources: The court evaluates the financial needs of both spouses, including their incomes, assets, debts, and living expenses. This assessment helps determine the amount of support needed to maintain a fair standard of living.
  • Earning Capacity: The court considers the earning capacity of each spouse, including their education, training, work experience, and job prospects. If one spouse has limited earning potential, they may be awarded alimony to help bridge the financial gap.
  • Age and Health: The age and health of both spouses are taken into account. Older spouses or those with health issues may require more financial support due to limited earning potential.
  • Contributions to the Marriage: Contributions made by each spouse during the marriage, including homemaking, child-rearing, and supporting the other spouse’s career, are considered. The court recognizes the value of non-financial contributions and may award alimony accordingly.
  • Standard of Living: The standard of living established during the marriage is a key factor in determining alimony. The court aims to ensure that both spouses can maintain a similar standard of living post-divorce.

3. Modifications and Termination of Alimony

Alimony arrangements are not set in stone and can be modified or terminated based on changes in circumstances. For example, if the receiving spouse becomes self-sufficient or if there is a significant change in the financial situation of either party, the court may adjust the alimony terms. Additionally, alimony typically terminates upon the remarriage of the receiving spouse or the death of either spouse.

Conclusion

Determining alimony involves a comprehensive evaluation of various factors to ensure a fair and equitable outcome for both spouses. By considering the length of the marriage, financial needs and resources, earning capacity, age and health, contributions to the marriage, and standard of living, the court aims to provide balanced financial support post-divorce. Partnering with an experienced Milwaukee divorce lawyer can help navigate