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How does alimony work in Wisconsin?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Wisconsin maintenance is governed by Wis. Stat. § 767.56 and reflects Wisconsin's status as one of only nine community property states.

1. Property Division First

Wisconsin presumes an equal (50/50) division of marital property under § 767.61. Maintenance follows property division — substantial property awards may reduce or eliminate the need for maintenance.

2. The Dual Objectives — LaRocque Doctrine

The Wisconsin Supreme Court in LaRocque v. LaRocque, 139 Wis. 2d 23 (1987), articulated two objectives of maintenance:

  • Support objective — to maintain the recipient at a standard reasonably comparable to that enjoyed during marriage
  • Fairness objective — to ensure a fair and equitable financial arrangement, taking into account joint efforts and contributions
  • For long marriages, the fairness objective often calls for income equalization — Wisconsin courts not infrequently start the analysis by equalizing the parties' net incomes.

    3. Ten Statutory Factors — § 767.56(1c)

  • Length of the marriage
  • Age and physical/emotional health of the parties
  • Division of property under § 767.61
  • Educational level at marriage and at divorce
  • Earning capacity of the party seeking maintenance (including educational background, training, employment skills, work experience, length of absence from labor market, custodial responsibilities, time/expense for adequate education/training)
  • Feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that during marriage, and the time for it
  • Tax consequences
  • Mutual agreement made before or during the marriage concerning financial or service contributions by one party for the benefit of the other's education, training, or increased earning power
  • Contribution by one party to the education, training, or increased earning power of the other
  • Such other factors as the court may in each individual case determine to be relevant
  • 4. Duration

    No statutory cap. Common patterns:

  • Short marriages (under 5-7 years): rehabilitative or no maintenance
  • Mid-length (7-20 years): rehabilitative or limited duration
  • Long marriages (20+ years): indefinite maintenance more likely; income equalization common
  • 5. Modification — § 767.59

    Modifiable on a substantial change in circumstances (e.g., income changes, retirement, remarriage prospects, health changes).

    6. Termination — § 767.59(1)(c)

  • Death of either party
  • Remarriage of the recipient
  • Per the terms of the decree (which may include cohabitation termination)
  • 7. Limited-Term vs. Indefinite

    Court may order limited-term maintenance (definite end date) or indefinite maintenance (no end date but modifiable).

    8. Tax

    Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have a long marriage and income equalization is at issue
    • Property division will significantly affect your maintenance need
    • You need to address cohabitation termination in the decree
    Related Statutes & Laws
    • Wis. Stat. § 767.56
    • Wis. Stat. § 767.59
    • Wis. Stat. § 767.61

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.