Maintenance, sometimes known as alimony or spousal support, can be awarded by the court in proceedings related to divorce, annulment, or legal separation. Maintenance has two objectives: to support the recipient in according with the needs and earning capacities of the parties, and to ensure a fair and equitable financial agreement between them. Its purpose […]
The Court of Appeals recently made a notable decision regarding Wisconsin maintenance in Brin v. Brin. In this case, after divorce, the husband had paid maintenance (otherwise known as alimony) for 20+ years, into his 80’s. He then asked the judge to terminate the maintenance to his ex-wife. The judge reduced his payments to $0, and […]
The Wisconsin maintenance (alimony) law was recently changed. 2013 WI Act 209 states that maintenance ends upon the recipient’s remarriage. The law also requires the recipient to notify the court and the payer of the remarriage. The law can be found at https://docs.legis.wisconsin.gov/2013/related/acts/209. This law seems common sense, but previously, the payee was not required […]
Continuing a discussion of the Wisconsin Court of Appeals’ decision in Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, I want to focus on the treatment of military retired pay in a Wisconsin divorce. Federal rules govern the division of military retirement benefits upon divorce. Therefore, Wisconsin divorce cases involving military members must account for relevant federal laws. The division of military benefits depends upon the length […]
Wisconsin maintenance law does not set specific limits on the amount or duration of spousal support (maintenance) after divorce. The court instead applies numerous factors to a request for maintenance before making a discretionary decision. Other states set specific limits on spousal support. Texas, for example, limits support to 5 years in marriages of 10-20 […]
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