If I’ve been married 3 years and may be filing for divorce but am the one working, how do I avoid paying spousal support?

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If I’ve been married 3 years and may be filing for divorce but am the one working, how do I avoid paying spousal support?

He gets Social Security.

Asked on June 7, 2012 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Spousal support in Wisconsin is awarded either on a temporary basis or for an indefinitate period of time based upon a number of factors that the court considers.  They are: (a) The duration of the marriage. (b) The age and health of the parties. (c) The property award (d) The educational level of each party. (e) The earning capacity and the custodial arrangement if there are children. (f) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal. (g) The tax ramifications of the support order. (h) Any mutual agreements made by the parties. (i) The contribution by one party to the education, training or increased earning power of the other. (j) Such other factors as the court may in each individual case determine to be relevant. (Wisconsin Statutes - Sections: 767.26, 767.261, 767.29).  You have been married a very short duration.  The other factors need to be considered.  Seek help in your area.  Good luck.


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