No. Wisconsin does not have a statutory formula or set calculator for determining spousal maintenance. Unlike child support, there are no official state guidelines. Courts use a discretionary, case-by-case analysis based on the factors listed in § 767.56. An informal starting point used by practitioners is (Payor × 25%/30%) − (Recipient × 50%), with 30% used for marriages over 10 years. Judges have broad discretion and awards can vary significantly by county, judge, and circumstances.

Wisconsin Statutes § 767.56; Littig v. Littig (2023)

Effective January 26, 2026, Wisconsin Act 82 expands income-change notification requirements. Both the payor and the payee must notify the other party and the county child support agency of a substantial change in income, employer, or address within 10 business days. Failure may result in contempt of court. This duty previously applied primarily to payors. Act 82 does not change how maintenance amounts are calculated or the statutory factors under § 767.56.

Under § 767.56, courts must consider all relevant factors, with key ones including:

• The length of the marriage
• The age and physical/emotional health of each spouse
• The earning capacity of the spouse seeking maintenance
• The feasibility of the recipient becoming self-supporting at a comparable standard of living
• The division of marital property
• The tax consequences to each party
• Contributions by one party to the education or earning power of the other

Marriage duration is a primary factor and affects both amount and duration:

• Under 5–10 years: Maintenance is less common; if awarded, typically short-term. Payor percentage: 25%.
• 10–20 years: More likely to be awarded. Courts often informally use 50% of marriage length as a duration guideline. Payor percentage: 30%.
• 20+ years: Often considered “long-term” where indefinite / permanent maintenance may be awarded, especially if the recipient is older or long out of the workforce.

LaRocque v. LaRocque, 139 Wis. 2d 23 (1987)

Yes. Wisconsin recognizes:

• Temporary Maintenance: Paid during divorce proceedings only.
• Rehabilitative Maintenance: For a set period to allow education or training for self-support.
• Limited-Term (Fixed) Maintenance: Awarded for a specific number of years based on marriage length.
• Indefinite (Permanent) Maintenance: No set end date; ends upon death or remarriage. Reserved for long-term marriages where self-support is unlikely.

Yes. Under § 767.59, a substantial and continuing change in circumstances is required. Common grounds: significant income changes (report within 10 business days per Act 82), disability, remarriage (auto-terminates), payor’s retirement at a reasonable age (typically 65+ or FRA of 67), or recipient’s improved earning capacity. Cohabitation alone does not auto-terminate per Rohde-Giovanni v. Baumgart (2008).

WI Stat § 767.59; Jensen v. Jensen (2025); King v. King (1999)

Generally no. Wisconsin is a no-fault state. Per Krebs v. Krebs (2007), marital misconduct is not a factor courts consider when setting maintenance. The exception is extreme economic misconduct — such as intentionally destroying marital assets, hiding income, or quitting a job to avoid support obligations.

Krebs v. Krebs, 738 N.W.2d 876 (Wis. Ct. App. 2007)

Yes. A valid prenuptial (or postnuptial) agreement addressing spousal maintenance will generally be upheld by Wisconsin courts. Such agreements can waive maintenance altogether, set a specific amount or duration, or define conditions under which it is paid.

For divorces finalized after December 31, 2018 (post-TCJA): Maintenance is NOT deductible for the payor and NOT taxable income for the recipient under federal law. Wisconsin conforms to this federal treatment for post-2018 agreements.