In Wisconsin, spousal support/alimony is termed spousal “maintenance”. There are no hard-and-fast rules in setting the duration of maintenance; rather, each individual case is determined on the facts specific to that case. Kennedy v. Kennedy, 145 Wis. 2d 219, 426 N.W.2d 85 (Ct. App 1988).
The recent divorce case of Ladwig involved a medical-doctor husband making $900,000 a year, an account-manager wife making $21,840 a year, and a 13-year marriage. The trial judge initially divided the property by awarding the husband assets worth 1.42M, awarding the wife assets worth 1.5M, and awarding the wife maintenance of $3,000/mo for 18 months, and $1,500/mo for another 18 months, for a total of three years of maintenance. In an unpublished opinion, the appellate court reversed the initial trial court determination because the judge’s ruling did not further the two primary objectives of maintenance — a) to support the recipient spouse in accordance with the needs and earning capacity of the parties; and b) to ensure a fair and equitable financial arrangement between the parties.
The appellate court also pointed out that the wife should not have to dip into her property award to meet her monthly needs. Wisconsin Law prohibits a maintenance award that forces one spouse to invade the property division to live while the other does not. Dowd v. Dowd, 167 Wis. 2d 409, 481 N.W.2d 504 (Ct. App. 1992).
Accordingly, in Ladwig, the case was sent back down for the trial judge to reevaluate several issues, including maintenance. The second time around, the successor judge, determined the wife should receive spousal maintenance of $4,700/mo for 15 years which was tied to the projected retirement date of both parties. This second award was upheld by the appellate court as meeting the objectives of maintenance.
In Wisconsin, since there are no hard-and-fast rules to determine spousal maintenance, it is a good idea to consult with an experienced family law attorney in evaluating (and advocating on your behalf) if, how much, and for how long maintenance should be expected in each individual case.
** Entries posted on this Blog shall not be deemed legal advice. For individual attention to your particular legal situation, consult an attorney.** Attorneys Dan Murray and Barb Miller. Lawyers helping individuals with divorce, custody, placement, and family-law matters throughout Western Wisconsin and the Twin Cities eastern metro. www.millerandmurray.com
Tags: alimony, determining maintenance, maintenance, spousal support
