Renny
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Reged: 09/24/11
Posts: 479
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Re: Maintenance estimate--need help.
01/15/12 03:12 PM
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It would help to have more inormation, such the length of the marriage, children, her needs. These are the factors considered in WI
Spousal Maintenance Factors
Currently, Spousal Maintenance awards are granted pursuant to Wisconsin Statutes Case 767.26. Under this law the courts are guided by ten factors that should be considered in determining a spousal maintenance award. The factors include:
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 be-come 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.
Such other factors as the court may in each individual case determine to be relevant.
No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each.
One important factor in determining whether spousal maintenance is paid and for how long is the length of the marriage. Shorter marriages often result in no award of spousal maintenance or lesser awards. Longer marriages may result in long term or even permanent awards. A second important factor in determining the level of spousal maintenance is the standard of living the parties enjoyed during the marriage. When faced with a long term marriage (fifteen years or more), often Wisconsin trial courts begin their evaluation of spousal maintenance with the proposition that a spouse that is dependant on the other for financial support is entitled to 50% of the earnings of both parties. This is considered to be a starting point for equalizing the standard of living for each party.
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