Wisconsin Alimony Calculator
Estimate potential spousal maintenance in Wisconsin based on income and marriage duration.
Estimated Annual Alimony:
$0.00
Understanding Wisconsin Alimony (Spousal Maintenance)
In Wisconsin, what was historically called "alimony" is now referred to as "spousal maintenance." The primary goal of spousal maintenance is to help a party who has been economically disadvantaged by the divorce achieve a standard of living that is fair and equitable under the circumstances. Wisconsin law does not have a strict formula that guarantees a specific outcome, but judges consider several statutory factors when deciding whether to award maintenance, the amount, and the duration.
Key Factors Considered by Wisconsin Courts:
- Length of the marriage: Generally, longer marriages are more likely to result in maintenance awards, and for longer durations.
- Age and physical/emotional health of the parties: A party with significant health issues or who is nearing retirement age may receive more consideration.
- The earning capacity of the party seeking maintenance: This includes their education, training, and employability, considering the time and cost needed to acquire skills or education to find suitable employment.
- The desirability of allowing the spouse seeking maintenance to remain in the home or in a comparable home: Courts may consider the need for stability for children and the ability to maintain a household.
- The amount and duration of the marriage: A longer marriage implies a greater interdependence and potential for one spouse to have sacrificed career opportunities.
- The contribution of each party to the marriage: This includes contributions made by the party seeking maintenance in homemaking and child care, which enabled the other party to advance his or her career.
- The amount and duration of the marriage: (Repeated for emphasis, as length is crucial).
- The contribution of each party to the marriage: (Repeated for emphasis, as contributions are vital).
- The property division: If one spouse receives a significantly larger share of the marital assets, it may impact the maintenance award.
- The educational level of each party at the time of marriage: This can indicate the potential for earning capacity development.
- The ability of the party from whom maintenance is sought to meet their own needs and pay maintenance: This involves assessing the payer's income, expenses, and ability to pay without undue hardship.
- Tax consequences to each party: While federal tax deductibility has changed, state tax implications can still be a factor.
- Any mutual agreement made previously: Pre-nuptial or post-nuptial agreements might be considered.
- Such other factors as the court may in each individual case determine to be relevant.
Commonly Used Guidelines (Not Strict Formulas):
While judges have discretion, Wisconsin courts often utilize advisory guidelines, particularly for marriages of moderate length. A common guideline involves a calculation based on the difference in incomes, multiplied by a percentage related to the marriage duration. One such guideline suggests:
- For marriages of 1-5 years: 20% of the difference in gross incomes, for a duration of 0.25 to 0.5 times the length of the marriage.
- For marriages of 5-10 years: 25% of the difference in gross incomes, for a duration of 0.5 to 0.75 times the length of the marriage.
- For marriages of 10-15 years: 30% of the difference in gross incomes, for a duration of 0.75 to 1 times the length of the marriage.
- For marriages of 15-20 years: 35% of the difference in gross incomes, for a duration of 1 to 1.25 times the length of the marriage.
- For marriages of 20+ years: 40% of the difference in gross incomes, often for indefinite duration or a substantial period.
The calculator below uses a simplified version of these guidelines to provide an *estimate*. It calculates a potential annual alimony amount and assumes it could be paid monthly. The duration is not calculated by this simplified tool but is mentioned here for context.
How This Calculator Works:
This calculator takes the payer's gross annual income, the recipient's gross annual income, and the duration of the marriage in years. It then calculates the difference in income and applies a percentage based on the marriage duration, using common advisory percentages. The resulting figure represents an estimated annual alimony amount.
Example Calculation:
If Payer earns $80,000/year, Recipient earns $40,000/year, and the marriage lasted 12 years:
- Income Difference: $80,000 – $40,000 = $40,000
- Marriage duration falls into the 10-15 year bracket, let's use an advisory 30% for this estimate.
- Estimated Annual Alimony: $40,000 * 0.30 = $12,000
This means an estimated annual alimony of $12,000 could be considered, potentially paid as $1,000 per month. Remember, this is a guideline estimate and actual court decisions vary.
Limitations:
This calculator is a simplified tool. It does not account for:
- The payer's ability to pay after meeting their own needs.
- The recipient's need for support.
- The specific needs and abilities of each party.
- Property division outcomes.
- Child support obligations (which are calculated separately and take priority).
- Unique circumstances of the marriage or divorce.
Always consult with a qualified Wisconsin family law attorney to discuss your specific case and understand your rights and obligations regarding spousal maintenance.