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Wisconsin Divorce and Spousal Support

Often debt problems arise after or as the result of divorce. Spousal support is fast coming a thing of the past, but the State of Wisconsin does take several conditions into consideration and Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The following are factors for consideration:

  • the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity;
  • the duration of the marriage;
  • the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently;
  • the comparative financial resources of the spouses, including their comparative earning abilities;
  • the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse;
  • the tax consequences to each spouse;
  • the age of the spouses;
  • the physical and emotional conditions of the spouses;
  • the vocational skills and employability of the spouse seeking maintenance;
  • the length of absence from the job market;
  • the probable duration of the need of the spouse seeking maintenance;
  • any custodial and child support responsibilities;
  • the educational level of each spouse at the time of the marriage and at the time the divorce is filed for;
  • any mutual agreement between the spouses; and
  • any other relevant factor.

The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court. [Wisconsin Statutes Annotated; Sections 767.26, 767.261, and 767.29]