Protecting Your Interests During Spousal Support Matters In Wisconsin
At Alpert & Fellows, LLC, our Manitowoc and Green Bay lawyers have more than 40 years of legal experience resolving spousal support matters. We understand the factors that courts look to when determining support, and we know what needs to be done to ensure that your best interests are protected throughout the Green Bay area.
Contact our law firm online or call 920-335-1308 to discuss your options available based on the unique circumstances surrounding your case. We pride ourselves on our dedication to personal representation of clients in Green Bay, Manitowoc and Sheboygan, and communities along the lakeshore.
Experienced And Trusted Guidance
There are many factors that a court will look to when resolving a broad range of family law matters, including spousal maintenance (formerly called alimony). These factors may include:
- The length of your marriage
- The health of the parties involved
- The education levels of each party
- The income of the parties
- The age of the parties
Our Manitowoc and Green Bay spousal support attorneys will sit down with you and explain how each of these factors will affect the outcome of your case. We will then prepare a detailed case to present to the court in order to ensure you receive a support order that protects your interests.
Frequently Asked Questions About Spousal Support In Wisconsin
In Wisconsin divorces, spousal support is often misunderstood. Below, we address spousal support-related questions clients frequently ask us.
What happens to spousal support if my ex-spouse remarries?
Under Wisconsin law, if you are the paying spouse, remarriage will not automatically terminate your obligation to pay alimony. However, you may need to seek modification orders, as you will face a substantial change in your expenses with the new spouse.
To seek a modification order, you must find a family law attorney and provide evidence demonstrating the changed circumstances to the court. On the other hand, if you are the recipient, the law states that the spousal support order must be vacated upon remarriage. The law requires you to notify your ex-spouse and the court within 10 business days of remarriage.
Note that cohabitation cannot lead to termination of alimony under Wisconsin law. But navigating the modification can be legally complex. Our attorneys will help you navigate the laws to protect your financial interests.
How do I modify my current spousal support / maintenance award?
Have you had a significant change in your circumstances? Courts are willing to modify support awards if either you or the other party involved has had a change in income, suffered a serious injury or if other events have occurred as well. Our Green Bay team will analyze your situation and help you to determine if we should petition the courts for a modification of your spousal support award.
What are common challenges in spousal support cases?
Spousal support cases in Wisconsin often present several challenges, such as:
- Disputes over income: Self-employed or commission-earning spouses may have fluctuating income that complicates support calculations.
- Determining need: Courts must balance the recipient’s financial need with the payer’s capability.
- Marriage duration: In short marriages, mostly under 10 years, alimony is less common, whereas in long-term marriages, it often leads to disputes over whether to award permanent or temporary alimony.
- Modification requests: Job loss, retirement, health issues or economic changes often lead to reductions in alimony.
Wisconsin law gives judges freedom to award and modify spousal support, which means the outcomes can vary depending on how the case is presented. Our lawyers have successfully handled spousal support matters for decades with a deep understanding of Wisconsin family law.
What are the tax implications of receiving or paying spousal support?
The current federal tax law, which took effect on January 1, 2019, does not allow tax on alimony payments either by the payer or the recipient. Wisconsin generally follows these federal alimony tax laws. However, if your alimony was ordered before January 1, 2019, the payments are tax-deductible for the payor and taxable for the recipient. Ideally, you and your ex-spouse can agree to modify the orders to reflect the new law.
Take Your First Step Today
Discuss your spousal support and maintenance concerns with our Manitowoc and Green Bay family law team today. Contact us at 920-335-1308 or by completing our contact form. We have flexible hours for your convenience.