How does the court decide who will pay the spousal support?

In Wisconsin, the court may order one party to pay spousal support (sometimes known as “alimony”) to the other party. The court makes its decision based on several factors, including the length of the marriage, each spouse’s financial resources, the age and health of each spouse, and the contributions each spouse has made to the marriage. The court may also consider the tax consequences of the award, the earning capacity of each spouse, and the value of any of the spouses’ benefits, such as healthcare coverage or pension rights, that were earned during the marriage. The court may also consider whether one spouse stayed home to take care of a disabled child or elderly parent during the marriage. The court might also consider any marital misconduct by either spouse, such as adultery or physical abuse. If the court finds that either spouse was at fault for the breakdown of the marriage, the court may choose to award a greater amount of spousal support to the spouse that was not at fault. However, the court may also choose not to award spousal support. In Wisconsin, a court might decide that neither party should have to pay spousal support if the parties have agreed to an equal division of their marital property. The court might also find that spousal support is unnecessary if both parties have sufficient income to pay their own expenses.

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How does the court decide who will pay the spousal support?

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