Spousal Maintenance in Wisconsin: How Is Alimony Calculated, and How Long Does It Last?
Wisconsin has no fixed formula for spousal maintenance, often still called alimony. Instead, judges weigh factors such as the length of the marriage, each spouse's age, health, and earning capacity to decide both whether maintenance is appropriate and, if so, how much and for how long. Here's how Wisconsin courts approach spousal maintenance, and what matters most for spouses going through a divorce in Manitowoc County.
What Is Spousal Maintenance in Wisconsin?
Spousal maintenance is court-ordered financial support paid by one spouse to the other during or after a divorce. Its purpose is to help a lower-earning or non-earning spouse maintain a reasonable standard of living while transitioning to financial independence, particularly after a long marriage or when one spouse sacrificed career growth to support the household. Maintenance is not automatic. A court must find it appropriate based on the specific facts of the case.
How Do Wisconsin Courts Decide Whether to Award Maintenance?
Under Wis. Stat. § 767.56, judges consider a list of statutory factors, including:
- The length of the marriage
- The age and physical and emotional health of both spouses
- The division of property in the divorce
- Each spouse's education level at the time of marriage and at divorce
- Earning capacity, including education, training, and time out of the workforce
- The feasibility of the recipient spouse becoming self-supporting, and how long that may take
- Contributions one spouse made to the other's education, training, or earning power
- Any prior written agreement between the spouses
- The tax consequences to each party
No single factor controls the outcome. Judges weigh all of them together, which is why maintenance decisions can vary significantly from case to case.
How Is the Amount of Spousal Maintenance Calculated?
Unlike child support, Wisconsin law does not set a specific percentage or formula for spousal maintenance. Every divorce is unique!
How Long Does Spousal Maintenance Last in Wisconsin?
Duration generally correlates with the length of the marriage, though courts still have discretion:
Wisconsin recognizes several types of maintenance: temporary support during the divorce itself, limited-term or rehabilitative maintenance (the most common type, meant to support a spouse while they become self-sufficient), indefinite maintenance, and lump-sum payments.
Can Spousal Maintenance Be Modified or Terminated?
Maintenance automatically terminates upon the death of either spouse or the remarriage of the receiving spouse, under Wis. Stat. § 767.56(2c). Either spouse can also ask the court to modify the amount or duration if there has been a substantial change in circumstances, such as job loss, retirement, disability, or a significant increase or decrease in income, unless the original divorce judgment specifically waives the right to seek modification.
Maintenance also carries tax implications: for divorces finalized after December 31, 2018, spousal maintenance is not taxable income to the recipient and is not tax-deductible for the paying spouse, a result of federal tax law changes that apply in Wisconsin as well.
Trust Kaminski & Pozorski to Guide You Forward
Whether you may be entitled to spousal maintenance or concerned about what you could be asked to pay, the family law attorneys at Kaminski & Pozorski have served Manitowoc County and northeastern Wisconsin families for more than 40 years. We can help you understand how the statutory factors apply to your situation and advocate for a fair outcome, whether through negotiation or in court.
Contact us today at
(920) 684-6694 for a free consultation. We proudly serve clients throughout Manitowoc, Two Rivers, Sheboygan, Green Bay, Fond du Lac, and the surrounding area.
Frequently Asked Questions
Is alimony still called alimony in Wisconsin?
Wisconsin law refers to it as spousal maintenance, though many people still use the term alimony interchangeably. They mean the same thing.
Is there a set formula for calculating alimony in Wisconsin?
No. Wisconsin has no statutory formula. Attorneys often use 25% to 33% of the difference in the spouses' gross incomes as a starting point for marriages of 10 years or more, but judges have broad discretion based on the statutory factors.
How long do you have to be married to get alimony in Wisconsin?
There is no strict minimum, but marriages under 10 years rarely result in long-term maintenance. Length of marriage is one of several factors a judge weighs, not a standalone requirement.
Is spousal maintenance taxable in Wisconsin?
For divorces finalized after December 31, 2018, maintenance is not taxable income to the recipient and is not tax-deductible by the paying spouse, under federal tax rules that also apply in Wisconsin.
Can spousal maintenance be changed after the divorce is final?
Yes. Either spouse can request a modification if there is a substantial change in circumstances, such as job loss, retirement, or a significant income change, unless the divorce judgment waives that right.















