Calculate Maintenance Under Wyoming Statutes W.S. 20-2-114
Income Information
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Marriage Details
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Marriage less than 5 years?
Marriage 15+ years?
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage
Wyoming-Specific Factors
Domestic violence involved? ℹ️Check if there was documented domestic violence in the marriage. Wyoming courts may increase maintenance for victims.
Wyoming Domestic Violence Impact:
May be considered in maintenance determinations
Can affect duration and amount of support
Court may order additional therapy/rehabilitation costs
Protective orders can affect temporary support calculations
Fault-based divorce? ℹ️Wyoming is a no-fault divorce state, but misconduct may still impact maintenance decisions in some cases.
Wyoming Fault Considerations:
Wyoming is primarily no-fault: Fault rarely affects maintenance
Economic misconduct: Hiding assets or intentional unemployment may affect awards
Marital misconduct: May be considered in rare cases
Wyoming Professional License Rules:
Courts may order support during license maintenance periods
Continuing education costs may be factored into awards
Professional licenses are considered marital assets in some cases
Wyoming Cohabitation Rules:
Maintenance typically terminates upon remarriage
Cohabitation may be grounds for modification
Payor must petition court for modification
Must prove financial interdependence
Needs and Resources
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Wyoming Retirement Rules:
Early Retirement (55-64): Courts examine whether voluntary or health-related
Normal Retirement (65+): May be grounds for modification
Retirement Accounts: IRA/401k withdrawals may be considered as income
Social Security: Benefits may substitute for maintenance payments
Earning Capacity
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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.e., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term maintenance.
Duration Factors
Maintain marital standard of living? ℹ️Wyoming courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on Wyoming statutes (including the 2024 version of W.S. 20-2-114) and case law patterns.
Actual court-ordered maintenance may differ significantly as Wyoming judges have broad discretion. Notably, federal law and Wyoming statute (W.S. 20-2-114(b)) protect veterans' disability benefits from being divided as marital property.
This calculation is not legal advice. Consult a licensed Wyoming family law attorney for advice regarding your specific situation.
Wyoming Spousal Maintenance Calculation Results
Maintenance Type Determination
Recommended Maintenance Type:
Primary Factors:
Monthly Maintenance Amount
Guideline Amount:
Statutory Considerations:
Duration of Maintenance
Recommended Duration:
Wyoming Guidelines:
Judicial Considerations
Likely Range:
Key Factors:
Disclaimer: This calculator provides estimates only based on Wyoming statutes (including W.S. 20-2-114 (2024)) and case law. The calculation is not legal advice and actual court-ordered maintenance may differ. Consult a licensed Wyoming family law attorney for legal advice regarding your specific situation. Wyoming law has specific rules for maintenance calculations based on statutory factors under W.S. 20-2-114.
Wyoming Maintenance Case Law Examples
Goss v. Goss (2015)
2015 WY 100, 354 P.3d 971
This case emphasized that the purpose of spousal maintenance in Wyoming is not to equalize incomes but to provide support until the recipient can become self-supporting. The court affirmed that trial courts have broad discretion in determining maintenance.
Meyer v. Meyer (2008)
2008 WY 66, 185 P.3d 625
The Wyoming Supreme Court upheld an award of permanent spousal maintenance in a long-term marriage (28 years) where the wife had limited earning capacity and health issues. The court emphasized the standard of living during the marriage as an important factor.
Duncan v. Duncan (2012)
2012 WY 97, 281 P.3d 610
This case established that a spouse's decision to remain unemployed or underemployed when they have the capacity to earn more may be considered when determining maintenance obligations.
Grove v. Grove (2006)
2006 WY 68, 135 P.3d 1011
The court ruled that spousal maintenance should be based on need and ability to pay, not punishment. The case emphasized that maintenance is not automatic and must be justified by the circumstances.
Modifying Maintenance in Wyoming
Wyoming law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Grounds for Modification
Under Wyoming law, maintenance can be modified for:
A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Modification Process
File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Wyoming courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.
Important Considerations
Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
Wyoming requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
Wyoming Spousal Maintenance FAQs
What factors do Wyoming courts consider for spousal support?
Wyoming courts consider several factors under W.S. 20-2-114, including:
The financial resources of the party seeking maintenance
The time necessary to acquire sufficient education or training to find appropriate employment
The standard of living established during the marriage
The duration of the marriage
The age and physical and emotional condition of the spouse seeking maintenance
The ability of the spouse from whom maintenance is sought to meet their needs while paying maintenance
W.S. 20-2-114
How long does spousal support last in Wyoming?
Wyoming does not have specific statutory guidelines for the duration of spousal support. Duration is determined on a case-by-case basis considering:
Length of the marriage (longer marriages typically result in longer support periods)
Recipient's ability to become self-supporting
Age and health of both parties
Whether the support is rehabilitative or permanent
For marriages under 5 years, support is often limited to 1-2 years. For marriages over 15 years, support may be longer-term or even permanent in some cases.
Can spousal support be modified in Wyoming?
Yes, spousal support can be modified in Wyoming if there is a substantial change in circumstances. Common reasons for modification include:
Significant change in either party's income
Remarriage of the recipient (terminates support)
Cohabitation by the recipient
Retirement of the payor
Disability of either party
Modification requires filing a petition with the court that issued the original order.
Is there a formula for calculating spousal support in Wyoming?
No, Wyoming does not have a statutory formula for calculating spousal support. Unlike some states that use specific calculations, Wyoming courts have broad discretion to determine the amount and duration of support based on the factors in W.S. 20-2-114.
This calculator uses common patterns from Wyoming case law to provide estimates, but actual court decisions may vary significantly.
Does adultery affect spousal support in Wyoming?
Wyoming is a no-fault divorce state, meaning that marital misconduct like adultery generally does not affect property division or spousal support decisions. However, in rare cases where marital misconduct has caused significant economic harm to the other spouse, it might be considered.
Most often, Wyoming courts focus on economic factors rather than fault when determining spousal support.
How do county differences affect maintenance in Wyoming?
Wyoming counties may handle maintenance cases differently:
Laramie County (Cheyenne): Typically higher maintenance amounts due to urban cost of living
Natrona County (Casper): Moderate maintenance amounts reflecting mixed economy
Rural Counties: Generally lower maintenance amounts due to lower cost of living
Judicial Preferences: Some counties have local rules or common practices
Key county-specific factors:
Local cost of housing and living expenses
Prevailing wage rates in the region
Availability of employment opportunities
Local court rules and common practices
How are military or veteran benefits treated in a Wyoming divorce?
Military and veteran benefits are treated differently:
Veterans' Disability Benefits: Under federal law and Wyoming statute (W.S. 20-2-114(b)), VA disability compensation is not considered marital property and cannot be divided in a divorce. However, this income may be considered when calculating a veteran's ability to pay alimony or child support.
Military Retirement Pay: This is generally considered marital property for the portion earned during the marriage and can be divided. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat disposable retired pay as property.
Important Rule: A court cannot order a veteran to indemnify a spouse for any reduction in retirement pay that results from the veteran choosing to receive disability benefits instead.
Military divorces can be complex. It is crucial to consult with an attorney experienced in both Wyoming family law and military matters.