Will I Receive Spousal Maintenance After My Wisconsin Divorce?

 Posted on July 23, 2026 in Alimony

In today's American families, both spouses often have a job that provides for their family. In some cases, there may be a significant difference in how much money spouses make and contribute to their family. Whether both spouses work or one spouse stays at home to care for children, one spouse can petition for spousal maintenance in a Wisconsin divorce.

Our Waukesha County, WI divorce attorneys at Bucher, Wolff & Sonderhouse, LLP are available 24/7 for questions about alimony or other parts of your divorce. We have decades of legal experience and are familiar with local courts and judges.

How Do Wisconsin Judges Determine if Spousal Support Is Appropriate?

Spousal maintenance is never guaranteed in a divorce. If one spouse files a petition for maintenance, then the court can hold a hearing to determine whether maintenance should be awarded. However, spouses can also negotiate maintenance outside of court, either on their own or with the help of a mediator.

Under Wisconsin Legislature §767.56, the factors the court uses to determine this include:

• How long the marriage lasted
• The age of each spouse
• The physical and emotional health of each spouse
• How the marital property will be divided
• The educational level of each spouse when the marriage began and when it ended
• The earning capacity of the spouse who is seeking maintenance
• Any impediment to earning capacity, including taking care of young children during the marriage or after the divorce
• Whether or not the spouse seeking maintenance can be self-supporting and enjoy a standard of living that is "reasonably comparable" to the lifestyle during the marriage
• The tax consequences each spouse could face
• Whether or not either spouse contributed to the education, training, or increased earning power of the other 

No matter your preferred outcome, it helps to come prepared to court. A skilled divorce lawyer can help you make a case for or against an order of maintenance.

What Are the Different Types of Maintenance Awards in Wisconsin?

Wisconsin courts can award several different types of spousal maintenance, depending on the needs of the spouses and the length of the marriage.

Rehabilitative Maintenance

Rehabilitative maintenance is designed to support a spouse for a limited time while they gain the education, training, or work experience needed to become self-sufficient. This type is common when one spouse put their career on hold to raise children or support the household. Courts can also order fixed-term maintenance with a defined start and end date.

Temporary Maintenance

Temporary maintenance covers the period while a divorce is still pending, helping a spouse cover living expenses until the case is finalized. This type of maintenance ends once the divorce is complete and is often replaced by a longer-term maintenance order.

Indefinite Maintenance

Indefinite maintenance has no fixed end date and is more common after long-term marriages. This option might be considered in a case where a spouse has spent a long time outside of the workforce and has limited employment prospects.

Does Wisconsin Have a Spousal Support Formula in 2026?

The state of Wisconsin does not have a set formula that is used to determine the amount for spousal maintenance payments. If spousal support is appropriate, the amount will be determined using the factors listed above.

The length of time for which the payments are made is also up to the court’s discretion. Depending on the length of the marriage and other factors, the payments could either be for a set period of time, or they may last indefinitely.

How Long Does Spousal Maintenance Last in Wisconsin?

In general, shorter marriages often lead to shorter maintenance periods, sometimes lasting only a few years. For marriages that lasted at least 10 years, the court might order maintenance for half that time, but that isn’t guaranteed.

Longer marriages, particularly those lasting 20 years or more, are more likely to result in indefinite maintenance. Even then, maintenance can end early if certain events occur. For instance, support will end if the receiving spouse remarries or either spouse passes away.

Does Fault in the Divorce Affect Alimony in Wisconsin?

Wisconsin is a no-fault divorce state, which means a spouse does not need to show wrongdoing, such as cheating or abandonment, to file for divorce. This also means that fault generally does not play a role in deciding maintenance awards. Instead, courts focus on financial need and the ability to pay, rather than blaming either party.

While emotional issues surrounding a divorce can feel deeply personal, Wisconsin law keeps maintenance decisions centered on practical financial matters rather than punishing one spouse for behavior during the marriage.

Can You Include Terms for Alimony in a Prenup or Postnup?

Spouses in Wisconsin can include maintenance terms in a prenuptial or postnuptial agreement. These agreements can outline whether maintenance will be paid, how much, and for how long, giving both spouses more certainty if the marriage ends. For many, this reduces the uncertainty of arguing about spousal support in a divorce. However, courts can still review these agreements to make sure they are fair.

If a judge finds that enforcing the agreement would be unconscionable at the time of the divorce, the court may set aside or adjust the maintenance terms. Working with an attorney when drafting these agreements can help make sure the terms hold up if they are ever challenged later.

Contact a Muskego, WI Divorce Attorney 

In many Wisconsin divorces, spousal maintenance payments are appropriate. Whether you are the spouse who is asking for financial support, or you are the party who is expected to pay, the knowledgeable legal team at Bucher, Wolff & Sonderhouse, LLP is here to assist you.

To schedule a free consultation, call our office today at 262-232-6699 or contact our Waukesha County, WI spousal maintenance lawyers.