The Other Woman

[vistalady]

What is the name of your state? Wisconsin

I have a question. My husband and I have been married for 23 years. He has been having an affair with a business associate in CA. He has since filed for divorce. This has been very traumatic for our family (3 children), I have been forced to resign my well paying position with the company we started and will not be able to secure another position at the same compensation, I am under a doctor's care for depression, and my health is suffering (lost 30 lbs. in 5 months). Can I go after "the other woman" for personal damages?What is the name of your state?

[seniorjudge]

Originally Posted by vistalady

What is the name of your state? Wisconsin

I have a question. My husband and I have been married for 23 years. He has been having an affair with a business associate in CA. He has since filed for divorce. This has been very traumatic for our family (3 children), I have been forced to resign my well paying position with the company we started and will not be able to secure another position at the same compensation, I am under a doctor's care for depression, and my health is suffering (lost 30 lbs. in 5 months). Can I go after "the other woman" for personal damages?What is the name of your state?

It was hubby who caused the problems.


Q: Can I go after "the other woman" for personal damages?

A: No.




States plus D.C. which have statutorily (i.e. by legislation) abolished alienation of affection:
...
Wisconsin
....

[url]http://www.worldlawdirect.com/article/1026/Alienation_of_affections_--_Law_suits.html[/url]

[vistalady]

Thanks, that is disappointing.

[FreeBird16]

It wasn't "the other lady" that forced your husband to have an affair on you.

[weenor]

BTW-before you go here...Wisconsin is a community property state and you cannot stick it to him through the property settlement because of the affair. You may get temporary alimony (probably less than 5 years) if you have not worked...but I wouldn't expect much.

[Bali Hai]

Originally Posted by weenor

BTW-before you go here...Wisconsin is a community property state and you cannot stick it to him through the property settlement because of the affair. You may get temporary alimony (probably less than 5 years) if you have not worked...but I wouldn't expect much.

After a 23 year marriage??? You got any more of those mushrooms??

[weenor]

Originally Posted by Bali Hai

After a 23 year marriage??? You got any more of those mushrooms??

I am very protective of my mushrooms thank you....I said that about the alimony because Wisconsin judges are reluctant to hand out permanent alimony - they will award it for purposes of rehabilitation (job training, etc...) ...Last year my parents divorced after 40 years...my mother had worked during the marriage but due to illness had not worked for several years years prior to the divorce. She got alimony for five years post divorce.

[Bali Hai]

Originally Posted by weenor

I am very protective of my mushrooms thank you....I said that about the alimony because Wisconsin judges are reluctant to hand out permanent alimony - they will award it for purposes of rehabilitation (job training, etc...) ...Last year my parents divorced after 40 years...my mother had worked during the marriage but due to illness had not worked for several years years prior to the divorce. She got alimony for five years post divorce.

Wisconsin Alimony Laws

Wisconsin laws allow the court to grant alimony payments to either party for a limited or indefinite length of time after considering:

(1) The length of the marriage.

(2) The age and physical and emotional health of the parties.

(3) The division of property made during the divorce settlement.

(4) The educational level of each party at the time of marriage and at the time the divorce is filed.

(5) The earning capacity of the party seeking alimony, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.

(6) The feasibility that the party seeking alimony 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.

(7) The tax consequences to each party.

(8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.

(9) The contribution by one party to the education, training or increased earning power of the other.

(10) Such other factors as the court may in each individual case determine to be relevant.

-From 767.26 of the Wisconsin Statutes.

Sounds like the standard "screw the man" laws adopted in each state.

Must be Wisconsin women aren't pushing it!!

[weenor]

Originally Posted by Bali Hai

Wisconsin Alimony Laws

Wisconsin laws allow the court to grant alimony payments to either party for a limited or indefinite length of time after considering:

(1) The length of the marriage.

(2) The age and physical and emotional health of the parties.

(3) The division of property made during the divorce settlement.

(4) The educational level of each party at the time of marriage and at the time the divorce is filed.

(5) The earning capacity of the party seeking alimony, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.

(6) The feasibility that the party seeking alimony 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.

(7) The tax consequences to each party.

(8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.

(9) The contribution by one party to the education, training or increased earning power of the other.

(10) Such other factors as the court may in each individual case determine to be relevant.

-From 767.26 of the Wisconsin Statutes.

Sounds like the standard "screw the man" laws adopted in each state.

Must be Wisconsin women aren't pushing it!!

Well as you know these are discretionary guidelines to be applied by human judges and I had not seen significant alimony awards when I lived in Wisconsin.....Now I will enter one caveat to my opinion and that is that I am speaking of Waukesha and Milwaukee Counties....I cannot speak with any certainty as to what judges are doing in the smaller outlying counties.

[Bali Hai]

Originally Posted by weenor

Well as you know these are discretionary guidelines to be applied by human judges and I had not seen significant alimony awards when I lived in Wisconsin.....Now I will enter one caveat to my opinion and that is that I am speaking of Waukesha and Milwaukee Counties....I cannot speak with any certainty as to what judges are doing in the smaller outlying counties.

Perhaps the preponderance of judges in the great state of Wisconsin have been "milked" by their ex-wives???

[weenor]

Originally Posted by Bali Hai

Perhaps the preponderance of judges in the great state of Wisconsin have been "milked" by their ex-wives???

???It is the "diary state" after all

[seniorjudge]

Originally Posted by weenor

???It is the "diary state" after all

Yes, they do tend to pen a lot of journals in the great frozen north....

[ceara19]

Originally Posted by vistalady

What is the name of your state? Wisconsin

I have a question. My husband and I have been married for 23 years. He has been having an affair with a business associate in CA. He has since filed for divorce. This has been very traumatic for our family (3 children), I have been forced to resign my well paying position with the company we started and will not be able to secure another position at the same compensation, I am under a doctor's care for depression, and my health is suffering (lost 30 lbs. in 5 months). Can I go after "the other woman" for personal damages?What is the name of your state?

Did anyone else catch this? She QUIT a well paying job. Obviously, she is ABLE to support herself. She MAY have a hard time convincing a judge that her "fragile mental state" is the husband's fault. If his attorney has any sense at all, he'll argue that the entire matter is just a ploy on her part to get a more favorable finacial settlement. Hubby could have a winning arguement, especially if the presiding judge was "milked by his ex" in a divorce.

[justalayman]

Originally Posted by ceara19

Did anyone else catch this? She QUIT a well paying job. Obviously, she is ABLE to support herself. She MAY have a hard time convincing a judge that her "fragile mental state" is the husband's fault. If his attorney has any sense at all, he'll argue that the entire matter is just a ploy on her part to get a more favorable finacial settlement. Hubby could have a winning arguement, especially if the presiding judge was "milked by his ex" in a divorce.

She did state she "was forced to resign" her position with "the company they" started.
Not sure what "forced to resign" means but is it possible the hubby pulled the strings in the company and forced the future-former Mrs. to resign? Would this change any thoughts Ceara?
The concern I have is where she states she will not be able to secure another similar paying position. This tends to allude, to me, to the possibility she was over compensated for her position she resigned from.

[ceara19]

Originally Posted by justalayman

She did state she "was forced to resign" her position with "the company they" started.
Not sure what "forced to resign" means but is it possible the hubby pulled the strings in the company and forced the future-former Mrs. to resign? Would this change any thoughts Ceara?
The concern I have is where she states she will not be able to secure another similar paying position. This tends to allude, to me, to the possibility she was over compensated for her position she resigned from.

The problem I'm seeing is how is the OP going to PROVE that she was FORCED to resign as a direct cause of something her husband did. I'm not saying the I don't believe her, just that she could have a hard time getting the judge to see things the same way she does.