Revising and Ending Wisconsin Maintenance
Wisconsin maintenance ends at the death of the payee or payer, the court shall vacate it when the payee remarries, and it can be revised from the date of a new order on a substantial change in circumstances.
Death
Unless maintenance has already ended for another reason, it terminates upon the death of the payee or the payer, whichever occurs first (Wis. Stat. 767.56(2c)).
Remarriage
After a final judgment requiring maintenance, if the payee has remarried, the court shall, on the payer’s application with notice to the payee and proof of the remarriage, vacate the order requiring the payments; the requirement is unconditional (Wis. Stat. 767.59(3)).
Substantial change in circumstances
The court may revise a maintenance order on a substantial change in circumstances, and a party seeking a change has the burden of proof, unlike on the initial award. A substantial change in either party’s cost of living, or in the cost of living measured by the federal Bureau of Labor Statistics, may be enough to revise the amount, unless the payments are a percentage of income.
Prospective only
A revision of maintenance modifies the original order only from the date the revising order is effective.
Waivers and agreements
A judgment provision waiving maintenance takes precedence over other provisions that arguably reserve or award it, so the wording of an agreement matters.
Questions for the negotiation
Decide what ends or changes maintenance and how the wording of a waiver or reservation would operate.
Next steps
Decide in negotiation how remarriage, a new partner and retirement should be handled, and test numbers in the Wisconsin alimony calculator.
Frequently asked questions
Does remarriage end Wisconsin maintenance?
The court shall vacate the maintenance order if the payee remarries, on the payer's application and proof.
Does death end Wisconsin maintenance?
Yes, the death of the payee or the payer, whichever comes first.
Can Wisconsin maintenance be changed?
Yes, on a substantial change in circumstances; the party seeking the change has the burden of proof.
Is a revision of Wisconsin maintenance retroactive?
No. It takes effect from the date of the revising order.
Can cost of living justify a Wisconsin maintenance change?
A substantial change in cost of living can, unless the payments are expressed as a percentage of income.
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.