Wisconsin Alimony / Spousal Support Estimator

Wisconsin has no statutory formula for calculating spousal maintenance. Under Wis. Stat. § 767.56(1c), judges exercise broad discretion and weigh 10 factors including marriage length, earning capacity, and the marital standard of living. Case law from Johnson v. Johnson (1999) establishes equal income division as a reasonable starting point, but the final amount depends entirely on the judge's assessment of each case.

Wisconsin courts award four types of spousal maintenance under § 767.56. Temporary maintenance provides support during the divorce process. Limited-term (rehabilitative) maintenance is the most common type, giving the recipient time to become self-supporting. Indefinite maintenance is typically reserved for marriages over 20 years. Lump-sum maintenance allows a one-time payment instead of monthly installments.

Wisconsin has no written guidelines for maintenance duration, leaving it to judicial discretion under § 767.56. In practice, marriages under 10 years rarely result in long-term maintenance. Marriages of 10–20 years may receive limited-term support. Marriages exceeding 20 years often result in indefinite maintenance until remarriage, death of either party, or a substantial change in circumstances warranting modification.

Under Wis. Stat. § 767.56(1c), courts consider 10 factors: length of marriage, age and health of both parties, property division under § 767.61, education level at marriage and divorce, earning capacity, feasibility of self-support, contributions to the other spouse's earning power, prior agreements, tax consequences, and any other relevant factors. No single factor takes priority — judges weigh all circumstances.

Wisconsin spousal maintenance can be modified by filing a motion demonstrating a substantial change in circumstances since the original order. Common grounds include significant income changes, job loss, serious illness, or cohabitation with a new partner. Under § 767.56(2c), maintenance terminates automatically upon the death of either spouse or remarriage of the recipient, though the payer must still petition the court to vacate the order.

Adultery does not affect spousal maintenance awards in Wisconsin. As a pure no-fault divorce state, Wisconsin courts cannot consider marital misconduct in maintenance determinations. The Wisconsin Supreme Court confirmed this in Dixon v. Dixon (1982), holding that judges may not factor a spouse's misconduct into maintenance decisions. The court's analysis focuses exclusively on the financial factors listed in § 767.56(1c).

For divorce agreements finalized after December 31, 2018, spousal maintenance is not tax-deductible for the payer and not taxable income for the recipient under the Tax Cuts and Jobs Act. Wisconsin conforms to federal tax rules, so there is no state-level discrepancy. This change is permanent and does not sunset. Agreements finalized before January 1, 2019, follow the old rules unless specifically modified to adopt the new treatment.

Wisconsin allows prenuptial agreements to modify or eliminate spousal maintenance under Wis. Stat. § 766.58. However, courts retain the power to override such waivers in two situations: if the waiver would leave a spouse without adequate support, or if it would make a spouse eligible for public assistance at the time of divorce. The agreement must also be voluntary, not unconscionable when signed, and include adequate financial disclosure.