Wisconsin Maintenance (Alimony) Laws: How It Works (2026)

Wisconsin uses the term "maintenance" rather than alimony. Courts award it under Wis. Stat. 767.56 with complete discretion, weighing ten statutory factors and no binding formula. Awards range from short rehabilitative terms to indefinite support for long marriages.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Wisconsin alimony calculator to estimate spousal support and see the factors a Wisconsin court weighs.

What is maintenance in Wisconsin?

Maintenance is a court-ordered payment from one spouse to the other following a divorce or legal separation. Wisconsin courts award maintenance under Wis. Stat. 767.56, which applies to final orders entered as part of a divorce judgment. Temporary support during the pendency of a divorce proceeding is available under Wis. Stat. 767.225.

Wisconsin intentionally uses "maintenance" rather than "alimony." The change in terminology reflects a shift toward gender-neutral, needs-based analysis. Either spouse may request maintenance regardless of gender, and courts do not presume one spouse is entitled to support simply because of the roles each played during the marriage.

Maintenance is separate from property division. Under Wis. Stat. 767.61, courts divide marital property according to Wisconsin's marital property framework, which generally presumes an equal division. That property award is then a separate factor the court weighs when deciding maintenance. A substantial property award may reduce or eliminate the need for maintenance; a modest one may support a larger award.

Maintenance is also separate from child support. Child support in Wisconsin is calculated under Wis. Stat. 767.511 using a percentage-of-income formula tied to the number of children. Maintenance has no equivalent formula and is analyzed on different grounds. For a detailed explanation of how Wisconsin calculates child support, see our guide on Wisconsin child support laws.

How Wisconsin courts decide maintenance: the 767.56 factors

Wisconsin courts have broad discretion over maintenance, but section 767.56(1c) requires them to consider ten specific factors before making any award. There is no formula, and no single factor is controlling. Courts weigh all factors together in light of the particular facts of each case.

Factor (a): Length of the marriage. Longer marriages generally support larger or longer awards. A marriage of 25 years where one spouse stepped back from the workforce carries different weight than a 5-year marriage where both spouses worked throughout.

Factor (b): Age and physical and emotional health of the parties. A spouse who is older or in poor health may face greater barriers to re-entering the workforce or increasing earnings. Courts consider these barriers when assessing the need for ongoing support.

Factor (c): The division of property made under section 767.61. If one spouse receives a significant share of marital assets, that property can generate income or reduce financial need. Courts treat the property award as part of the overall financial picture, not as a substitute for maintenance in every case.

Factor (d): Educational levels of each party at the time of marriage and at the time the action is commenced. The gap between the spouses' educational backgrounds at marriage and at the time of divorce helps courts assess each party's long-term earning potential.

Factor (e): The earning capacity of the party seeking maintenance, 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. This is one of the most detailed factors, and it is directed at the party asking for support rather than at both spouses. Courts look at what that spouse could realistically earn given their background and circumstances, not merely what they currently earn.

Factor (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. This factor asks whether, and how quickly, the lower-earning spouse can reach financial independence at something close to the marital lifestyle. Where self-support at that standard is not feasible, indefinite maintenance becomes more likely.

Factor (g): Tax consequences to each party. Courts consider the after-tax effect of maintenance on both spouses. The tax treatment of maintenance changed significantly under the federal Tax Cuts and Jobs Act for agreements signed after December 31, 2018 (discussed in the tax section below).

Factor (h): 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, if the 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. This factor addresses situations where one spouse supported the other through school or career advancement with an understanding that the investment would be repaid. It also reaches a premarital or marital agreement in which the spouses set out their own arrangement for supporting each other financially.

Factor (i): The contribution by one party to the education, training, or increased earning power of the other. If one spouse put the other through graduate school or enabled career advancement by managing the household, that contribution is an independent basis for a maintenance award even apart from factor (h).

Factor (j): Such other factors as the court may in each individual case determine to be relevant. The final factor preserves judicial flexibility. Courts can consider circumstances not captured by factors (a) through (i) as long as the reasoning is explained on the record.

The dual objectives: support and fairness

Wisconsin case law adds a layer of analysis on top of the statutory factors. In LaRocque v. LaRocque, 139 Wis. 2d 23, 406 N.W.2d 736 (1987), the Wisconsin Supreme Court identified two distinct objectives that every maintenance award must serve:

Support. The support objective aims to maintain the recipient spouse in accordance with the needs and earning capacities of both parties. It looks at what the recipient needs to live at a standard reasonably comparable to the marital standard of living, measured against the payer's ability to provide it.

Fairness. The fairness objective ensures an equitable arrangement in each individual case. It is not limited to income replacement. Courts consider the full picture of what each spouse contributed and what each can reasonably provide going forward.

Courts in Wisconsin must keep both objectives in mind. An award that satisfies the support objective but produces an inequitable result for the payer may not survive appellate review. Similarly, an award that is "fair" in the abstract but leaves the recipient unable to meet basic needs at the marital standard of living may fall short of the support objective.

How long maintenance lasts: limited-term vs. indefinite

Wisconsin courts have two primary options for the duration of a maintenance award.

Limited-term maintenance is set for a defined period, most often used when the recipient needs time to obtain education, retrain for the workforce, or transition to self-support. Courts use limited-term awards in moderate-length marriages where the recipient has realistic prospects for financial independence. The Wisconsin Supreme Court cautioned in LaRocque that because limited-term maintenance is relatively inflexible, courts must be realistic about the recipient's actual future earning capacity when setting the term.

Indefinite maintenance has no predetermined end date. It continues until a court modifies or terminates it, or until a termination event occurs by statute. Indefinite awards are more common in long marriages where the recipient spouse is older, has been out of the workforce for many years, or faces health or other barriers that make self-support at the marital standard of living unlikely. Wisconsin does not have a bright-line rule that any particular marriage length entitles a spouse to indefinite maintenance, but long marriages with a significant disparity in earning capacity are the most common context for indefinite awards.

Temporary maintenance may also be granted during the divorce proceeding under Wis. Stat. 767.225. It ends when the final divorce decree is entered and is replaced, if appropriate, by the final maintenance order.

When maintenance ends or changes

Automatic termination by statute

Under Wis. Stat. 767.56(2c), maintenance terminates upon the death of the payee or the payer, whichever occurs first, unless the order has already ended for another reason. This termination is automatic and does not require a court motion.

Termination upon remarriage

When the recipient spouse remarries, maintenance does not end automatically by statute. Instead, Wis. Stat. 767.59(3) requires the paying spouse to apply to the court with proof of the remarriage. Once the court receives that application, it must vacate the maintenance order. The recipient is also required under Wis. Stat. 767.58(1r)(c) to notify the court of a remarriage. Courts treat the obligation to terminate on remarriage as unconditional once proper notice and proof are provided. If your former spouse has remarried, get a free case evaluation from a Wisconsin family lawyer on filing the application and proof of remarriage (attorney advertising).

Modification for changed circumstances

Either party may petition the court to modify a maintenance order if there has been a substantial change in circumstances under Wis. Stat. 767.59. A substantial change in the cost of living for either party, as measured by the Bureau of Labor Statistics, may support a modification under section 767.59(1k). Income changes alone are generally not sufficient for the payer to seek a reduction based solely on income fluctuation.

Courts cannot modify a maintenance waiver in a judgment or alter a final property division. Modifications are prospective only, meaning the court cannot adjust arrears that accumulated before the modification petition was served, except to correct calculation errors.

Cohabitation

Wisconsin does not have a statute that automatically terminates or reduces maintenance when the recipient cohabits with a new partner. Courts may consider cohabitation as part of a modification analysis, but the standard remains a substantial change in circumstances. Wisconsin case law has held that speculative assumptions about how long a cohabiting relationship will last are not a sufficient basis for ignoring the financial benefit the recipient derives from that relationship.

Is maintenance taxable? Federal and Wisconsin tax rules

The federal Tax Cuts and Jobs Act of 2017 changed the tax treatment of alimony and maintenance for divorce agreements executed after December 31, 2018.

For agreements signed after December 31, 2018: Maintenance payments are not deductible by the paying spouse and are not includable in the gross income of the recipient spouse. Neither party has a federal income tax consequence from the payments themselves.

For agreements signed on or before December 31, 2018: The prior rules still apply. The paying spouse deducts maintenance payments and the recipient reports them as taxable income, as long as the agreement has not been subsequently modified to opt into the new rules.

Wisconsin conforms to the federal treatment for state income tax purposes. The result is that maintenance has no Wisconsin income tax effect for agreements signed after the 2018 cutoff.

Because factor (g) of section 767.56(1c) specifically requires courts to consider tax consequences to each party, the tax rules can affect the size of the maintenance award itself, particularly for older agreements still in effect under pre-2019 rules. Parties and their attorneys should confirm the applicable tax rules with a tax professional.

How maintenance differs from Wisconsin child support

Maintenance and child support are determined under entirely different statutory frameworks. Maintenance is governed by Wis. Stat. 767.56 and turns on discretionary factor-balancing with no formula. Child support under Wis. Stat. 767.511 is calculated using a percentage-of-income formula based on the payer's gross income and the number of children.

Child support is owed to benefit the children and is not affected by either parent's remarriage or cohabitation in the same way maintenance is. Child support modifies more readily when income changes meet the statutory thresholds. Maintenance, by contrast, requires a showing of substantial change in circumstances and cannot be modified simply because the payer's income fluctuates.

For a full comparison and the specific percentage guidelines used in Wisconsin, see our page on Wisconsin child support laws.

For how Wisconsin's rules compare to other states, see our alimony laws by state overview.

Legal Disclaimer: This page provides general legal information about Wisconsin maintenance laws and is not legal advice. Laws can change, and individual circumstances vary significantly. If you are involved in a divorce or maintenance proceeding, consult a licensed Wisconsin family law attorney for advice specific to your situation.

Last updated: June 1, 2026.

More Wisconsin Laws

• Wisconsin Child Custody Laws
• Wisconsin Child Support Laws
• Wisconsin Common Law Marriage Laws
• Wisconsin Divorce Laws

Frequently Asked Questions

Does Wisconsin call it alimony or maintenance?

Wisconsin uses the term 'maintenance.' The statute governing spousal support in divorce cases is Wis. Stat. 767.56. The word 'alimony' does not appear in the Wisconsin family code, though the concepts are equivalent. Courts sometimes also use 'spousal support' informally, but 'maintenance' is the correct legal term under Wisconsin law.

Is there a formula for calculating maintenance in Wisconsin?

No. Wisconsin has no mathematical formula for maintenance. Unlike child support, which uses a percentage-of-income calculation under Wis. Stat. 767.511, maintenance is entirely discretionary. Courts weigh ten statutory factors under section 767.56(1c) and apply the dual objectives of support and fairness identified in LaRocque v. LaRocque, 139 Wis. 2d 23 (1987). The amount and duration depend on the specific facts of each case.

How long does maintenance last in Wisconsin?

There is no fixed rule. Courts may award limited-term maintenance for a set number of years, typically when the recipient needs time to retrain or become self-supporting. Courts may also award indefinite maintenance with no set end date, which is more common after long marriages where the recipient faces significant barriers to self-support at the marital standard of living. The term must reflect a realistic assessment of the recipient's earning capacity.

Does maintenance automatically stop if the recipient remarries?

Not automatically, but it is required to terminate. Under Wis. Stat. 767.59(3), when the recipient remarries the paying spouse must apply to the court with proof of the remarriage, and the court must then vacate the maintenance order. The recipient is also required by statute to notify the court of a remarriage. Maintenance does not reduce to zero on its own simply because the recipient remarries without a court order being entered.

Can a Wisconsin maintenance order be modified?

Yes, under Wis. Stat. 767.59, either party may petition for modification based on a substantial change in circumstances. A substantial change in the cost of living as measured by the Bureau of Labor Statistics is one recognized basis. Courts cannot modify a judgment where maintenance was expressly waived, and they cannot adjust past-due arrears except for calculation errors. Modifications take effect prospectively from the time the petition is served.

Is Wisconsin maintenance taxable income?

For divorce agreements signed after December 31, 2018, maintenance payments are not deductible by the payer and are not taxable income for the recipient under federal law. Wisconsin conforms to federal tax treatment, so there is no Wisconsin income tax consequence either. For agreements signed before January 1, 2019, the old rules still apply: the payer deducts the payments and the recipient reports them as income, unless the agreement was modified to opt into the new rules.

What is the difference between Wisconsin maintenance and child support?

They are determined under different statutes and use different standards. Maintenance under Wis. Stat. 767.56 is entirely discretionary with no formula; courts weigh ten factors. Child support under Wis. Stat. 767.511 uses a percentage-of-income formula tied to the number of children. Child support runs to the benefit of the children and is not affected by the recipient's remarriage in the same way maintenance is. The two obligations can run concurrently, but they are calculated and modified independently.