Will Stay-At-Home Parents Receive Spousal Maintenance After a Divorce?

 Posted on August 26,2020 in Divorce

By Attorney Max Stephenson

If you are a parent who is getting divorced, your first concern will likely be for your children, particularly ensuring that their financial needs will continue to be fulfilled. The good news is that Wisconsin requires both parents to contribute to child support after a divorce, and there are processes in place to enforce payment.. However, if you have been a stay-at-home parent for a significant portion of your marriage, causing you to rely on the income of your spouse, you may have additional concerns as to how you will meet your own financial needs. Spousal maintenance, or alimony, is not always awarded in a Wisconsin divorce, but with the help of an attorney, you can make a strong case for receiving the financial support you need during your divorce negotiations.

How Is Spousal Maintenance Determined in Wisconsin?

If you are a stay-at-home parent in need of spousal maintenance, an attorney can help you make your case during your settlement negotiations or trial litigation. Some of the factors the court will consider in the determination of maintenance include:

• Any prenuptial or postnuptial agreements. If you entered your marriage knowing that you would primarily be a stay-at-home parent, you and your spouse may have established a legal agreement providing for spousal support in the event of your divorce, and the court will usually honor such an agreement.
• Your education, work history, and earning capacity. If your education level and work experience makes it difficult for you to obtain a job that will meet your financial needs, you may have a stronger case for maintenance.
• Your physical health. Maintenance may be awarded in cases in which a physical health condition makes it difficult for you to work or requires costly treatment.
• Your contributions to your spouse’s education or career. This may be especially relevant if you have agreed to be a stay-at-home parent at the cost of your own career goals so that your spouse could focus on advancing their education and career

Contact a Milwaukee, WI Spousal Maintenance Lawyer Today

Divorce can be an uncertain time for a stay-at-home parent, but the attorneys at Gimbel, Reilly, Guerin & Brown, LLP can help you seek the spousal maintenance you need to keep you on your feet while you make plans for your long-term financial future. We offer free consultations so you can learn more about our services at no cost. Contact a compassionate Milwaukee spousal support attorney today at 414-271-1440.

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/767/VI/56