How does alimony work in Wisconsin?
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:
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)
4. Duration
No statutory cap. Common patterns:
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)
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.
- 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
- 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.