Family, Criminal & Children's Court Attorneys Since 1991

Why is spousal support used in Wisconsin?

On Behalf of | Oct 22, 2024 | Spousal Support |

In Wisconsin, spousal support is often referred to as maintenance. When a couple gets divorced, the court can order that one person has to pay maintenance to their ex for a specified amount of time. For instance, one spouse may be ordered to pay support every month for the next five years, when the court order automatically terminates.

But if the court orders you to pay maintenance to your ex, you may wonder why it is even your responsibility. You already have to divide assets during the divorce. Why should you have to make payments to another adult even after your marriage is over?

Stability after the marriage

In a general sense, the court is just hoping to create financial stability so that the divorce doesn’t result in hardship. They will review numerous factors, including the length of your marriage. Another key factor is the “length of absence from the job market.” 

For example, say that you and your spouse met when you were both working and earning roughly similar wages. When you decided to have children, though, your spouse left the workforce to become a stay-at-home parent. If they have been out of the workforce for the last 10 years, it may be difficult or even impossible for them to go out and get a similar job – especially if the divorce was a surprise to them. The court may order you to pay maintenance to support your spouse until they can return to the workforce. 

Every situation is unique and the court makes these determinations on a case-by-case basis. Take the time to carefully consider your legal options during divorce.

 

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