Unlike child support, which follows a formula in Wisconsin, spousal maintenance (what other states call alimony) is entirely discretionary. Judges consider a broad set of factors, and outcomes vary significantly from case to case. Understanding what drives those decisions can help you approach your divorce with realistic expectations.
Maintenance Is Not Automatic
Many people assume that a long marriage automatically means spousal support. It doesn’t. Maintenance is awarded when the court determines it is appropriate based on the specific facts of the case. In shorter marriages or marriages where both spouses have comparable earning capacity, maintenance may not be awarded at all.
Factors the Court Considers
Wisconsin statute lists the factors a court must consider when deciding whether to award maintenance and how much:
- Length of the marriage
- Age and physical/emotional health of both spouses
- Division of property in the divorce
- Each spouse’s education level and earning capacity
- Whether one spouse left the workforce to care for children
- Contributions to the other spouse’s education or career
- Standard of living established during the marriage
- Tax consequences of the award
Duration
Maintenance can be temporary (while the divorce is pending), rehabilitative (for a set period to allow a spouse to become self-supporting), or in rare cases of long marriages with significant disparities, indefinite. The trend in Wisconsin courts is toward time-limited maintenance with clear rehabilitation goals rather than open-ended awards.
Modification and Termination
Maintenance orders can be modified if circumstances change substantially. They terminate automatically upon the death of either party or the remarriage of the recipient spouse. Cohabitation of the recipient with a new partner can also be grounds for modification or termination.
Attorney Christopher Carson handles spousal maintenance issues in divorce cases throughout Waukesha and Milwaukee counties. Call (262) 860-8932.