As a family law firm in Wisconsin, our attorneys answer questions about alimony payments and spousal maintenance in Wisconsin. Use our alimony calculator to see what spousal support could look like in your situation.
What many people know as alimony is called “spousal maintenance” by the courts in Wisconsin. Alimony is the obligation of one spouse to pay the other spouse after the divorce has been finalized.
Its purpose is to ensure that both parties have a fair and equal division of finances based upon each of their earning capabilities, and for the receiving party to maintain a similar standard of living than they had during the course of the marriage. However, a prenuptial agreement may also affect how spousal support is granted. Outside of an prior agreement, the court has a lot of discretion in regard to spousal support.
Spousal maintenance is just one of many things to consider when determining the cost of your divorce. To look at all the factors influencing your final divorce cost contact Divergent Family Law.
In Wisconsin, alimony may be ordered by the court for a fixed period of time after the finalization of the divorce. The court looks at various factors to decide how much alimony is to be granted to one spouse. Common standard factors the courts examine when determining alimony are as follows:
Health insurance benefits are treated similarly to alimony in many cases.
A common example of when spousal support is appropriate is when one party worked while the other stayed home to care for the children. The court calls the person who stayed home the “homemaker.”
Upon divorce, the homemaker would likely need support because it is unlikely they have an income or work experience. The courts may consider the homemaker’s contributions as “non-economic.” This means that even though they did not contribute any income, they took care of the home and children while the other party worked. The court views this work as a substantial contribution to the marriage.
Under Wisconsin law, alimony payments (referred to as “maintenance” in Wisconsin statutes) can be terminated or modified upon remarriage, death of a party, or by mutual agreement. The court will look at the changing circumstances when deciding to modify or terminate alimony. Your ex may request the alimony payments be modified if you are cohabiting with a new significant other. Since you would be saving more money by living with your significant other, the court could justify a decrease in alimony.
Often, cohabitation alone is not sufficient to convince a court that a support order should be modified or terminated.
Alimony is not a given for every divorce. There are circumstances where spousal support is not appropriate and can be avoided altogether. Our experienced attorneys at Divergent Family Law can work with you to help ensure you are in the best position possible to avoid a spousal support obligation. However, if it is ordered, spousal support can be modified and terminated by court order upon a substantial change in circumstances in most instances. We are happy to counsel you on your specific case and help figure out what is in your best interests in regard to spousal maintenance.
In Wisconsin, the court may order maintenance (formerly known as spousal support or alimony) when a marriage ends by legal separation or divorce. Maintenance is governed by Wis. Stats. Sec. 767.56(1c). Maintenance is typically awarded in a set monetary amount and time period.
In some cases, the parties consider a maintenance buyout, which is a lump sum payment for support in full or in part to eliminate or reduce monthly support payments. Several financial aspects must be considered in a maintenance buyout, such as discounts for taxes, present value of money, remarriage and death of either party.
Lump Sum Payment Advantages:
Oftentimes the maintenance buyout is in the form of an unequal distribution of the property and debt division in a case. After the equalization of property, the maintenance buyout will come from the payor’s half of his or her property division.
There are a lot of moving parts when it comes to determining a lump sum maintenance buyout. If you’re not careful, you could wind up with an unfair divorce settlement agreement. Work with one of the attorneys at Divergent Family Law for the best outcome.
References: Maintenance Wisconsin State Legislature: 767.56 (1c) (2025).
Copyright © Divergent Family Law. All Rights Reserved
Privacy Policy
