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

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content

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

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 established 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.

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Updates

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Wis. Stat. 767.56 - Maintenance(docs.legis.wisconsin.gov)
  2. Wis. Stat. 767.57 - Maintenance, Child Support, and Family Support Payments(docs.legis.wisconsin.gov)
  3. Wis. Stat. 767.59 - Revision of Judgments(docs.legis.wisconsin.gov)
  4. IRS Topic No. 452 - Alimony and Separate Maintenance(irs.gov)
  5. IRS Publication 504 - Divorced or Separated Individuals(irs.gov)
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