Full question:
I reside in Wisconsin. I filed a petition for divorce. I am jobless and I have no other source of income. I am entitled to get maintenance?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Wisconsin
Answer:
In Wisconsin, the court can grant maintenance payments to either party during a divorce, annulment, or legal separation. The decision is based on several factors outlined in Wis. Stat. § 767.56. These factors include:
- The length of the marriage.
- The age and physical and emotional health of both parties.
- The division of property.
- The educational level of each party at the time of marriage and when the action is filed.
- The earning capacity of the party requesting maintenance, considering their education, training, work experience, and custodial responsibilities.
- The likelihood that the requesting party can become self-supporting at a standard of living similar to what they had during the marriage, and how long this might take.
- The tax consequences for each party.
- Any mutual agreements regarding financial support made during the marriage.
- Contributions made by one party to the other's education or earning potential.
- Any other relevant factors the court deems important.
Given your jobless status and lack of income, these factors will be considered to determine if you are entitled to maintenance and for how long.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.