Madison, Wisconsin Spousal Maintenance Lawyer Assist's You With Obtaining Best Results
If maintenance is an issue, having a capable advocate is essential
When a marriage is of seven or more years in length and there is a substantial disparity between your income and your spouse's income, then maintenance — which used to be called alimony — is likely to be an issue in your case. The purpose of maintenance is generally regarded as making sure that neither party suffers too precipitous a drop in their standard of living after the divorce.
While case law indicates that fairness and ability to pay are factors the courts should consider in determining the amount and duration of maintenance, there are no statutory guidelines for calculating a maintenance award. This makes maintenance a particularly subjective area of divorce law. The statutes that do exist set forth a number of factors the court is to consider in determining a maintenance award. These factors include:
Mediation can be a powerful tool in determining maintenance
Because maintenance is such a subjective area of the law, it is often preferable to reach an agreement on maintenance through negotiation or mediation. Through these means, you can exercise maximum control over the outcome rather than having the judge decide the issue.
When it has proven difficult to resolve a maintenance claim through negotiations, Henry Family Law Offices, LLC have often had success in resolving the maintenance question by taking the case to the Dane County Case Mediation Program. Resolving maintenance by negation or mediation usually has the additional benefit of being less expensive and emotionally taxing than taking the matter to trial. However, should trial be necessary, Henry Family Law Offices, LLC also has substantial experience in trying maintenance issues before the court.
Contact a Madison divorce lawyer at Henry Family Law Offices
Serving Dane County, Jefferson County, Columbia County, Sauk County, Green County, Dodge County, Iowa County and Richland County, we provide personal, knowledgeable legal services in numerous capacities — whatever means best serves you in your unique domestic situation. Call the firm at 608.836.0980 or contact us online to schedule your no obligation initial consultation.
When a marriage is of seven or more years in length and there is a substantial disparity between your income and your spouse's income, then maintenance — which used to be called alimony — is likely to be an issue in your case. The purpose of maintenance is generally regarded as making sure that neither party suffers too precipitous a drop in their standard of living after the divorce.
While case law indicates that fairness and ability to pay are factors the courts should consider in determining the amount and duration of maintenance, there are no statutory guidelines for calculating a maintenance award. This makes maintenance a particularly subjective area of divorce law. The statutes that do exist set forth a number of factors the court is to consider in determining a maintenance award. These factors include:
- The duration of the marriage
- The age and health of the spouses
- The division of property in the divorce
- The earning capacity of each spouse
- The educational level of each spouse at the time of marriage and at present
- The time needed by the receiving party to become financially self-sufficient
Mediation can be a powerful tool in determining maintenance
Because maintenance is such a subjective area of the law, it is often preferable to reach an agreement on maintenance through negotiation or mediation. Through these means, you can exercise maximum control over the outcome rather than having the judge decide the issue.
When it has proven difficult to resolve a maintenance claim through negotiations, Henry Family Law Offices, LLC have often had success in resolving the maintenance question by taking the case to the Dane County Case Mediation Program. Resolving maintenance by negation or mediation usually has the additional benefit of being less expensive and emotionally taxing than taking the matter to trial. However, should trial be necessary, Henry Family Law Offices, LLC also has substantial experience in trying maintenance issues before the court.
Contact a Madison divorce lawyer at Henry Family Law Offices
Serving Dane County, Jefferson County, Columbia County, Sauk County, Green County, Dodge County, Iowa County and Richland County, we provide personal, knowledgeable legal services in numerous capacities — whatever means best serves you in your unique domestic situation. Call the firm at 608.836.0980 or contact us online to schedule your no obligation initial consultation.