Alimony and Spousal Support in Wisconsin
How Wisconsin decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: The court may order maintenance to either spouse for a limited or indefinite time after considering: the length of the marriage; age and health; the property division; each spouse's education; Wis. Stat. § 767.56
| Alimony (spousal support) | The court may order maintenance to either spouse for a limited or indefinite time after considering: the length of the marriage; age and health; the property division; each spouse's education; the requesting spouse's earning capacity and the time and cost to become self-supporting at a standard of living reasonably comparable to the marriage; tax consequences; agreements between the spouses; contributions by one spouse to the other's education or earning power; and other relevant factors. There is no statutory formula. Maintenance ends at the death of either party. Source: Wis. Stat. § 767.56 |
|---|---|
| Dividing property | Wisconsin is a marital (community) property state. The court presumes that all property is divided equally, except property a spouse received by gift from a third party, by inheritance or because of someone's death, or bought with such funds, which stays that spouse's property unless keeping it separate would create a hardship for the other spouse or the children. The court may change the equal division, without regard to marital misconduct, after considering factors such as the length of the marriage, property each brought to the marriage, contributions including homemaking and child care, age and health, contributions to the other's education or earning power, and earning capacity. Source: Wis. Stat. § 767.61 |
Where to get help in Wisconsin
More Wisconsin divorce & family law
- Getting a Marriage License in Wisconsin
- Adopting a Child in Wisconsin
- Guardianship of a Child or Adult in Wisconsin
- Establishing Paternity in Wisconsin
- Changing Your Name in Wisconsin
- Child Custody Laws in Wisconsin
- How Child Support Is Calculated in Wisconsin
- Divorce Records in Wisconsin
- How to File for Divorce in Wisconsin
- Legal Separation and Annulment in Wisconsin
- All Wisconsin divorce & family law rules
FAQ
How is alimony decided in Wisconsin?
The court may order maintenance to either spouse for a limited or indefinite time after considering: the length of the marriage; age and health; the property division; each spouse's education; the requesting spouse's earning capacity and the time and cost to become self-supporting at a standard of living reasonably comparable to the marriage; tax consequences; agreements between the spouses; contributions by one spouse to the other's education or earning power; and other relevant factors. There is no statutory formula. Maintenance ends at the death of either party.
Is Wisconsin a community property state?
Wisconsin is a marital (community) property state. The court presumes that all property is divided equally, except property a spouse received by gift from a third party, by inheritance or because of someone's death, or bought with such funds, which stays that spouse's property unless keeping it separate would create a hardship for the other spouse or the children. The court may change the equal division, without regard to marital misconduct, after considering factors such as the length of the marriage, property each brought to the marriage, contributions including homemaking and child care, age and health, contributions to the other's education or earning power, and earning capacity.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.