Wisconsin Spousal Maintenance Estimator
This calculator provides a hypothetical estimate of spousal maintenance (alimony) in Wisconsin based on a simplified model. Wisconsin courts consider many factors and do not use a strict formula. This tool is for informational purposes only and should not be considered legal advice.
Understanding Spousal Maintenance in Wisconsin
Spousal maintenance, often referred to as alimony, is financial support paid by one spouse to the other after a divorce. In Wisconsin, the primary goal of maintenance is to support the recipient spouse in a manner that is fair and equitable, and to allow them to maintain a standard of living reasonably comparable to that enjoyed during the marriage, if feasible.
No Strict Formula
Unlike some other states, Wisconsin does not employ a rigid mathematical formula to determine spousal maintenance. Instead, courts are guided by a comprehensive set of statutory factors outlined in Wisconsin Statutes Chapter 767. These factors allow judges significant discretion to tailor maintenance awards to the unique circumstances of each case.
Key Factors Considered by Wisconsin Courts:
- Length of the Marriage: Longer marriages often lead to longer maintenance durations or even indefinite awards.
- Age and Health: The physical and emotional health of both parties, and their ages, can impact earning capacity and need.
- Property Division: The amount and type of property awarded to each party in the divorce settlement.
- Educational Background and Earning Capacity: The educational level, training, employment skills, work experience, and ability of each party to earn income. This includes considering the time needed for a spouse to become self-supporting.
- Standard of Living During Marriage: The lifestyle established during the marriage is a significant consideration.
- Tax Consequences: The tax implications of maintenance payments for both the payor and the recipient.
- Agreements Between Parties: Any prenuptial or postnuptial agreements, or other mutual agreements regarding financial contributions.
- Custodial Responsibilities: If one spouse has primary care of children, this can affect their ability to work.
- Other Relevant Factors: Courts can consider any other factor they deem relevant to achieve a fair outcome.
How This Calculator Works (Hypothetical Model)
This calculator uses a simplified, hypothetical model to provide an estimate. It primarily considers the income disparity between the parties and the length of the marriage. It applies a common percentage to the income difference to suggest a monthly payment and a factor to the marriage length for duration. It is crucial to understand that this is not a legal formula used by Wisconsin courts. Actual court decisions are based on a holistic review of all statutory factors and the specific facts of your case.
Important Disclaimer:
This calculator is for educational and informational purposes only. It does not constitute legal advice. Spousal maintenance is a complex area of family law, and the outcome of any maintenance request depends heavily on the specific facts and circumstances of your case, as well as the discretion of the court. You should consult with a qualified Wisconsin family law attorney for advice regarding your individual situation.
Examples of Wisconsin Maintenance Scenarios
Let's look at how different inputs might affect the hypothetical maintenance estimate:
Example 1: Moderate Income Disparity, Long Marriage
- Payor's Gross Annual Income: $100,000
- Recipient's Gross Annual Income: $40,000
- Length of Marriage: 20 Years
- Hypothetical Calculation:
- Income Difference: $100,000 – $40,000 = $60,000
- Monthly Maintenance (25% of difference / 12): ($60,000 * 0.25) / 12 = $1,250
- Duration (6 months per year of marriage): 20 years * 6 months/year = 120 months (10 years)
- Total Maintenance: $1,250/month * 120 months = $150,000
- Result: Estimated Monthly Payment: $1,250.00, Estimated Duration: 120 months (10 years), Estimated Total: $150,000.00
Example 2: Lower Income Disparity, Shorter Marriage
- Payor's Gross Annual Income: $70,000
- Recipient's Gross Annual Income: $50,000
- Length of Marriage: 8 Years
- Hypothetical Calculation:
- Income Difference: $70,000 – $50,000 = $20,000
- Monthly Maintenance (25% of difference / 12): ($20,000 * 0.25) / 12 = $416.67
- Duration (6 months per year of marriage): 8 years * 6 months/year = 48 months (4 years)
- Total Maintenance: $416.67/month * 48 months = $20,000.16
- Result: Estimated Monthly Payment: $416.67, Estimated Duration: 48 months (4 years), Estimated Total: $20,000.16
Example 3: Recipient Earns More or Equal
- Payor's Gross Annual Income: $60,000
- Recipient's Gross Annual Income: $70,000
- Length of Marriage: 12 Years
- Hypothetical Calculation: Since the recipient's income is higher than or equal to the payor's, this calculator would estimate no maintenance payable from the payor to the recipient.
- Result: Estimated Monthly Payment: $0.00, Estimated Duration: 0 months, Estimated Total: $0.00