My wife left me one year ago to live with her boyfriend. She wants alimony now. In wisconsin, will I have to give her half my

Asked about 3 years ago - West Bend, WI

She stayed home and raised our kidsl She then returned to work part time. Our kids are teenagers now 14 (I have custody) 16, she has custody. She and her boyfriend don't work during the summer. they bought new boat and live the good life. I work two jobs. She wants 1/2 my salary in alimony. I will lose my house and go bankrupt. Where are my son and I suposed to live? Can she do this? Doesn't her boyfriend's income or support make a difference? She had an afair with him 5+ years that she admits. I know it was longer.

Attorney answers (2)

  1. Laura A. Stack

    Contributor Level 12

    Answered . Alimony (now called maintenance or spousal support) is not automatically ordered and if it is, it could be ordered for a certain period of time or an indefinite period of times. There are many factors a court will look at to determine if alimony will be granted. Some of these factors include the length of marriage; age and health of the parties; division of marital assets; your wife’s earning capacity (if she currently has a job, earns money and has potential to earn more and be self-supportive) and other factors the court finds relevant.

    Usually a significant other’s income will not be a factor in determining maintenance, however the court can always use their discretion on a case by case basis. She can threaten these things, but their empty threats if the court cannot enforce these things.
    Get a divorce as soon as you can to resolve these issues. Wisconsin is a no fault divorce state, so affairs usually have no relevance in divorce proceedings.

    Contact our firm if you need further assistance.
    Attorney Laura A. Stack
    414-847-6405
    lstack@enochs-law.com
    500 W. Silver Spring, Suite K-200
    Milwaukee, WI 53217

  2. Tajara Dommershausen

    Pro

    Contributor Level 18

    Answered . You need an attorney immediately.. Maintenance cases are some of the hardest to deal with. There are many factors that go into this calculation.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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