When Can I Request a Modification to My Spousal Maintenance Order?

 Posted on March 26, 2026 in Alimony

It is common to have some degree of inequality in a marriage when it comes to education, career, or income between the spouses. In many households, one spouse is considered the "breadwinner" while the other spouse’s income is considered supplementary. When you get divorced, those two incomes are no longer combined. However, this is not always fair to both spouses, which is where maintenance, also commonly known as alimony, comes in. 

These payments can be awarded to a spouse if the couple agrees upon an amount or if the judge deems maintenance to be necessary. However, the amount that is originally ordered will not always suit your present circumstances. If you find yourself in need of a modification in 2026, Bucher, Wolff & Sonderhouse, LLP can help. Our Brookfield, WI family law attorneys are available 24/7 to address any concerns you might have about support orders or other family law matters.

When Do Wisconsin Courts Order Spousal Maintenance?

Maintenance is not a guarantee in any divorce. The judge will examine a variety of factors when deciding if it is necessary (Wisconsin Legislature 767.56).

Some of these factors include:

• The length of the marriage

• The earning capacity of the spouse seeking the maintenance payments

• The division of property in the divorce

• The ability of the spouse seeking maintenance payments to gain the necessary education, training, skills, and/or experience to support themselves

• Any custodial responsibilities the spouse seeking maintenance has that might prevent him or her from maintaining sustainable employment

• Any other factor deemed to be relevant

Keep in mind, you also have the option to agree on a spousal maintenance amount, and if it is reasonable, the court will likely allow it.

How Are Spousal Maintenance Payments Calculated in Wisconsin?

Wisconsin does not use one strict formula for every spousal maintenance case. Instead, a court looks at the facts of the marriage and the needs of both spouses. A judge will usually compare one spouse’s need for support with the other spouse’s ability to pay. 

That does not mean the higher-earning spouse will always pay the amount the lower-earning spouse wants. The court has to look at the full picture. A person still has to be able to meet his or her own bills while paying maintenance. For this reason, some couples prefer working out their own maintenance amounts through a settlement, as they know their own financial situations better than the court does.

Is an Informal Agreement Enough To Modify Spousal Maintenance in Wisconsin?

Many former spouses try to work out modifications on their own. That may seem easier, faster, and less stressful. However, an informal agreement is risky if it is never approved by the court. 

For the paying spouse, the biggest risk is enforcement. Even if the other party verbally agreed to accept less money, the original court order trumps it. That means unpaid amounts could still be treated as arrears. Interest may build up. The paying spouse could then face collection efforts or contempt proceedings based on the old order.

The receiving spouse also faces danger with an informal agreement. If payments suddenly stop or drop, it may be harder to prove what was promised. A person who relied on a casual arrangement may find that nothing can be enforced because the agreement was never made part of a formal court order.

What Counts as a "Substantial Change in Circumstances" for Maintenance Modification in Wisconsin?

Once a spousal maintenance order has been entered by a judge, the spouse who has been ordered to pay such maintenance will be required to do so or will face consequences. That being said, the court does recognize some situations where a modification is both appropriate and necessary.

A judge will not modify a maintenance order simply because a spouse does not want to pay anymore. Generally, you will have to prove that there has been a substantial change in circumstances that has made it so that the current maintenance order is no longer appropriate. A change in circumstances may include, but is not limited to:

• An increase or decrease in income: If you experience a significant decrease in your income, perhaps from losing a job or a pay cut, you can petition the court for a lower maintenance amount.

• A sudden illness or serious injury: A medical emergency or incident can affect your ability to earn a living, which may then justify a review of the court order.

• Your ex-spouse gets remarried: In the state of Wisconsin, if your former spouse gets remarried to another person, you no longer have the legal obligation to pay maintenance. Petitioning the court to get rid of maintenance payments would likely eliminate the payments.

An attorney can help you understand how the laws governing modification apply to your circumstances.

Tips for Requesting a Maintenance Modification in Wisconsin

If you want to ask for a maintenance modification, you need to prepare ahead of time. The court will want clear proof, not guesses or general complaints. In contested cases, your ex-spouse may also try to fight the proposed modification. You should be ready to show exactly what changed and why the current order no longer makes sense.

Bring records that support your position. Helpful documents may include recent pay stubs, tax returns, bank statements, medical records, job termination notices, or proof of new monthly expenses. You should also keep making payments as ordered unless the court changes the amount. Intentionally falling behind on payments can hurt your case. 

A careful, well-documented request is usually much stronger than an emotional one. Our firm can help you gather evidence and speak on your behalf in court, providing you with strong backing.

Contact Our Waukesha County, WI Spousal Maintenance Lawyers

In many divorce cases, spousal maintenance is crucial to the well-being of the entire family. If you are getting a divorce, you should speak to a Brookfield, WI spousal maintenance attorney to discuss your case and determine if this type of financial support order is an option for you. 

Call Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 to schedule a free consultation today. Our attorneys have well over 50 years of combined experience and are local to the area.