Is spousal support based on gender?
No, in Wisconsin spousal support is not based on gender. Instead, courts consider a variety of factors when determining spousal support. For example, the court will consider the duration of the marriage, the current and future earning capacities of both spouses, the contribution of each spouse to the marriage, the standard of living during the marriage, the age and health of each spouse, and any other factors the court deems relevant. When courts determine which spouse should pay spousal support, they consider the obligor’s earning capacity and the recipient’s need. The recipient is typically the spouse who earns less income. The obligor is typically the spouse with the higher income and who has a greater ability to pay. The amount of spousal support is typically determined using a formula. Ultimately, spousal support is not based on gender. The court looks at specific facts related to the marital and financial situation of each spouse to determine which spouse should pay spousal support and in what amount.
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