My spouse and I have been married for almost 5 years and filed joint petition for divorce today. We moved to Wisconsin 2 years ago and I started a PhD program at the University. I am employed by the University and make around $15,000 per year. My spouse makes $55,000 per year. Before we moved to Wisconsin I made $72,000 and my spouse made $45,000. Thus, I took a pay cut of roughly $57,000 per year and he actually increased his salary by $10,000 when we moved to WI. I have four years left before I'll be done with school in which I will continue to only make $15,000 per year. I would like to file for spousal maintenance, but am unsure of how much, if any, I would likely be awarded. Advice in this matter is greatly appreciated.
While awarding maintenance is discretionary on the trial court's part, I would say it is probably going to be very difficult for you to get a maintenance award on a marriage as short as yours (almost 5 years). The family court commissioner may give you some type of a limited temporary spousal support while you go through the divorce, but my opinion is you are going to be hard pressed to convince the trial judge that after such a short marriage, that you should get maintenance after the divorce. No one can promise you or guarantee you the result, of course, and another attorney may have a different opinion on the matter. Some even take the position of "no maintenance" unless you are at least married 10 years to one another. I think every case is different and the facts and circumstances certainly could call for some type of a limited spousal support payment for a period of time, even on a shorter marriage.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.