Wisconsin Divorce Laws
Wisconsin Divorce Laws regarding Alimony
The Court does not take into account any marital misconduct while awarding alimony. However, it pays attention to the following issues –
- The input of one partner to the increasing earning ability, training and education of the other partner
- Presence of any mutual agreements amongst the partners prior to or during marital life and as per which one partner has made service or fiscal inputs to the other with an expectation of some compensation or reciprocation in the future
- The effects of tax of each partner
- The practicality of the partner requesting for alimony to become self-supporting at a standard of living that is reasonably comparable to that established during marriage and the duration essential to accomplish this intention
- Characteristics of the partner requesting for alimony, like –
- Earning capacity
- Custodial responsibilities of children
- Duration of absence from job market
- Work experience
- Employment skills
- Training
- Educational background
- Expenditure essential to accomplish enough training and education to seek apt job
- The educational level of the partner when the marriage took place and when the action of divorce has started
- The distribution of property
- The emotional state, physical condition and ages of the partners
- The duration of marital life
- Other issues considered relevant by the court
Wisconsin Divorce Laws regarding Property Distribution
Marital property is defined as all the property of the partners with the exception of property that is –
- Attained by inheritance by either partner
- Attained as a gift by either partner
- Property paid for by funds attained by gift or inheritance
This state believes in equal distribution of property as it is a community property state. The Court may deviate from equal separation on the basis of the following factors –
- Any marital or premarital settlement agreements
- The effects on tax of both partners
- Pension benefits, unvested or vested and future interests of both partners
- The duration and amount of alimony payments to either partner, presence of any family support payments and if the property distribution is a substitute of such payments
- The wish to sanction the family residence along with the right to reside in it for a reasonable period to the partner who has physical placement for a longer duration
- The attributes of each partner, like –
- Custodial responsibilities of children
- Length of absence from job market
- Work experience
- Employment skills
- Training
- Educational background
- Earning capacity
- Duration and expenditure essential to attain enough education or training to become self-supporting to enjoy a standard of living that was established during marital life
- The input by one partner to the raised earning capacity, training, education of the other partner
- The emotional state, physical health and age of the partners
- The input of each partner in the marital status, offering apt economic value to the input of each partner in child care and homemaking services
- The property brought to the marriage by either partner
- The duration of marital life
- Other relevant issues
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