Wisconsin Alimony (Maintenance) Calculator
Estimate potential alimony payments and duration based on common factors considered by Wisconsin courts.
Estimated Alimony Results:
Please enter values and click 'Calculate'.
Disclaimer:
This calculator provides a general estimate based on common factors and simplified heuristics. Wisconsin courts have broad discretion in determining alimony (maintenance) awards, and there is no strict formula. Many other factors, such as health, earning capacity, and specific agreements, can significantly influence the final outcome. This tool is for informational purposes only and should not be considered legal advice. Always consult with a qualified Wisconsin family law attorney for advice specific to your situation.
Understanding Alimony (Maintenance) in Wisconsin
In Wisconsin, alimony, officially referred to as "maintenance," is financial support paid by one spouse to the other after a divorce. Unlike some states that use strict formulas, Wisconsin courts have broad discretion when determining whether to award maintenance, how much it should be, and for how long it should last. The primary goal of maintenance in Wisconsin is to ensure a fair and equitable financial arrangement between divorcing spouses, often aiming to allow the recipient spouse to maintain a standard of living reasonably comparable to that enjoyed during the marriage, especially in longer marriages.
Key Factors Wisconsin Courts Consider
When deciding on maintenance, a Wisconsin court will evaluate a variety of factors, including but not limited to:
- Length of the Marriage: Longer marriages often result in longer maintenance awards, sometimes indefinite.
- Age and Physical/Emotional Health of the Parties: These can impact a spouse's ability to earn income.
- Property Division: The amount of marital property awarded to each spouse can influence the need for maintenance.
- Educational Level and Earning Capacity: The court considers each spouse's education, training, employment skills, work experience, and the feasibility of the recipient becoming self-supporting.
- Standard of Living During the Marriage: Courts aim to allow the recipient to maintain a reasonably comparable standard of living.
- Tax Consequences: The tax implications for both parties are considered (note: for divorces finalized after December 31, 2018, alimony payments are generally not tax-deductible for the payor nor taxable income for the recipient under federal law).
- Contribution to the Other Spouse's Earning Power: If one spouse contributed to the other's education or career advancement, this can be a factor.
- Any Mutual Agreement: Pre-nuptial or post-nuptial agreements regarding maintenance will be considered.
- Other Relevant Factors: Courts can consider any other factor they deem relevant to achieve a fair outcome.
How is Maintenance Calculated in Wisconsin?
It's crucial to understand that there is no specific formula or calculator mandated by Wisconsin law for determining maintenance. The calculator above provides an estimate based on common heuristics and the general principles courts often apply, particularly focusing on income disparity and marriage length. A judge will weigh all the statutory factors to make a decision that is fair and equitable in each unique case.
Types of Maintenance
Maintenance can be awarded in different forms:
- Rehabilitative Maintenance: Designed to provide temporary support while a spouse acquires education, training, or experience to become self-supporting.
- Limited-Term Maintenance: Awarded for a specific period, often to help a spouse transition to financial independence.
- Indefinite Maintenance: Typically awarded in long-term marriages (often 20 years or more) where one spouse may not be able to achieve a comparable standard of living or become fully self-supporting due to age, health, or long absence from the workforce.
Tax Implications
For divorce agreements or court orders executed after December 31, 2018, alimony (maintenance) payments are generally not tax-deductible for the payor and are not considered taxable income for the recipient under federal tax law. However, state tax laws can vary, and it's essential to consult with a tax professional regarding your specific situation.
Using the Wisconsin Alimony Calculator
To use this calculator:
- Enter the Payor's Annual Gross Income: This is the total income of the spouse expected to pay maintenance before taxes and deductions.
- Enter the Recipient's Annual Gross Income: This is the total income of the spouse expected to receive maintenance before taxes and deductions.
- Enter the Length of Marriage in Years: This is the total duration of the marriage from the wedding date to the date of divorce filing.
- Click "Calculate Alimony Estimate" to see a potential monthly payment and duration.
Remember, this tool offers a simplified estimate. For accurate legal advice and to understand how Wisconsin law applies to your specific circumstances, always consult with an experienced Wisconsin family law attorney.