How Wisconsin Decides Maintenance
Wisconsin courts order maintenance for a limited or indefinite time after weighing ten factors, including the length of the marriage, the property division, earning capacity and whether the recipient can become self-supporting at a standard comparable to the marital one.
The rule
On a judgment of annulment, divorce or legal separation, the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering (Wis. Stat. 767.56(1c)):
| Factor | |
|---|---|
| (a) | The length of the marriage |
| (b) | The age and physical and emotional health of the parties |
| (c) | The division of property made under section 767.61 |
| (d) | The educational level of each party at the time of marriage and at the time the action is commenced |
| (e) | The earning capacity of the party seeking maintenance, including education, training, skills, work experience, time out of the job market, custodial responsibilities for children and the time and expense needed to acquire education or training |
| (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 the time needed |
| (g) | The tax consequences to each party |
| (h) | Any mutual agreement before or during the marriage under which one party made financial or service contributions to the other expecting reciprocation or compensation, if repayment has not been made, or concerning the financial support of the parties |
| (i) | The contribution by one party to the education, training or increased earning power of the other |
| (j) | Other factors the court determines are relevant |
Limited or indefinite
The statute lets the court choose a limited or indefinite period. Support for a limited time is typical when the recipient can become self-supporting, and indefinite maintenance is reserved for cases such as long marriages where that is not realistic.
The standard-of-living goal
Wisconsin courts have said an equal division of income is a reasonable starting point but that the goal is a standard of living reasonably comparable to the one enjoyed during the marriage where the recipient can become self-supporting, not 50% of the total predivorce earnings.
Fault
Marital misconduct is not one of the factors.
Tax consequences
The tax consequences to each party are a listed factor, so the way support is structured and who bears the tax cost can affect the amount.
Questions to bring to an attorney
Ask how the court would weigh the factors for a marriage of your length and whether limited or indefinite support is realistic.
Next steps
See maintenance and the property division and test numbers in the Wisconsin alimony calculator.
Frequently asked questions
What factors does Wisconsin use for maintenance?
Ten, including the length of the marriage, age and health, property division, education, earning capacity, feasibility of self-support, taxes, agreements and contributions to the other's earning power.
How long can Wisconsin maintenance last?
For a limited or indefinite length of time, as the court decides.
Does fault affect Wisconsin maintenance?
It is not one of the statutory factors.
Is there a Wisconsin maintenance formula?
No.
Does property division affect Wisconsin maintenance?
Yes. The division of property under section 767.61 is a factor.
Official sources
- Wis. Stat. 767.56: maintenance
- Wis. Stat. 767.56: maintenance (annotated text)
- Wis. Stat. 767.59: revision of support and maintenance orders
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Wisconsin statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Wisconsin attorney.