There are a multitude of issues that divorcing couples in Wisconsin must address in order to come to fair marital property settlements. One of those issues is spousal maintenance, also commonly referred to as alimony.
Spousal maintenance can be awarded to one spouse in order to help that person maintain the lifestyle that he or she had become accustomed to prior to a divorce. Maintenance awards are often granted to stay-at-home spouses who gave up their careers in order to stay home with the children.
Generally speaking, after spending a lifetime out of the workplace, it is difficult to enter back into the workforce, especially in today’s tough economic climate. Alimony is intended to alleviate this burden. However, many couples have a hard time reaching an agreement about this issue. .
A TV anchorman and his ex-wife are currently battling over alimony. In 2010, the couple was granted an order of divorce in which the wife was to receive permanent spousal maintenance of more than $16,000 per month. The court did not consider whether the wife could become self-supporting.
The ex-husband, who makes around $525,000 per year appealed that decision on the grounds that the wife does has a college degree in education and held a job as a special education teacher for five years during the early years of their marriage. He argued that she is capable of working and says she could earn a salary to help support herself.
On the other hand, the ex-wife has not worked full-time in 25 years, since the couple started having children. Although she home-schooled one of her children and has volunteered as a tennis and dance coach, she has only been employed part-time as a fitness instructor, earning around $3,000 each year.
The appeals court in this case agreed with the husband and ruled that the lower court should consider the ability of the wife to eventually become self-supporting and the possibility of prospective earnings.
The case is now being sent back to the lower court to consider these possibilities. Based on those considerations, it is possible that the wife’s alimony award will be limited in time or in amount. Hopefully, taking all factors into account, the court will come to a fair resolution.
Source: The Pioneer Press, “Fox 9 anchor Passolt in alimony dispute,” Emily Gurnon,” Aug. 22, 2011
