Rohde-Giovanni v. Baumgart, 759 N.W.2d 740 (Wis. Ct. App. 2008)
Needs and Resources
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Wisconsin Retirement Rules:
Early Retirement (55-64): Courts examine whether voluntary or health-related
Normal Retirement (65+): May be grounds for modification
Retirement Accounts: IRA/401k withdrawals may be considered as income
Social Security: Benefits may substitute for maintenance payments
King v. King, 224 Wis. 2d 235, 590 N.W.2d 480 (1999)
Earning Capacity
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Recipient Sacrificed Career for Marriage?
Recipient has disability?
Duration Factors
Maintain marital standard of living?
Significant separate property?
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Important Legal Note: This calculator provides estimates only based on Wisconsin statutes and case law patterns.
Wisconsin does not use a set formula to calculate spousal maintenance. Judges have broad discretion to consider the statutory factors under § 767.56, and results can vary significantly by county and judge.
The calculation is not legal advice. Consult a licensed Wisconsin family law attorney for advice regarding your specific situation.
Wisconsin Spousal Maintenance Calculation Results
Maintenance Type Determination
Recommended Maintenance Type:
Primary Factors:
Monthly Maintenance Amount
Guideline Amount:
Statutory Considerations:
Duration of Maintenance
Recommended Duration:
Wisconsin Guidelines:
Judicial Considerations
Likely Range:
Key Factors:
Disclaimer: This calculator provides estimates only based on Wisconsin statutes and case law. There is no set formula for maintenance in Wisconsin, and judges have significant discretion. The calculation is not legal advice and actual court-ordered maintenance may differ. Consult a licensed Wisconsin family law attorney for legal advice regarding your specific situation. Wisconsin law has specific rules for maintenance calculations based on statutory factors under WI Stat § 767.56.
Wisconsin Maintenance Case Law Examples
Littig v. Littig (2023)
409 Wis. 2d 578, 997 N.W.2d 101 (2023)
This recent case reaffirmed the principle that maintenance is designed to support fairness and a reasonable standard of living, not to equalize incomes. The court emphasized the analysis of both parties' needs and the payor's ability to pay, underscoring that an award must be grounded in the statutory factors.
King v. King (1999)
224 Wis. 2d 235, 590 N.W.2d 480 (1999)
Addressed modification of maintenance, establishing that retirement can constitute a substantial change in circumstances warranting modification, particularly when it is reasonable and anticipated.
LaRocque v. LaRocque (1987)
139 Wis. 2d 23, 406 N.W.2d 736 (1987)
Clarified that maintenance determinations should consider the standard of living during marriage and aim to allow both parties to enjoy a comparable standard post-divorce.
Krebs v. Krebs (2007)
738 N.W.2d 876 (Wis. Ct. App. 2007)
Clarified that marital fault is generally not a factor in maintenance determinations, except in cases of extreme economic misconduct like hiding assets.
Rohde-Giovanni v. Baumgart (2008)
759 N.W.2d 740 (Wis. Ct. App. 2008)
Discussed cohabitation and maintenance termination, ruling that cohabitation alone does not automatically terminate maintenance; the payor must petition the court and prove financial interdependence.
Modifying Maintenance in Wisconsin
Wisconsin law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Grounds for Modification
Under Wisconsin Statutes § 767.59, maintenance can be modified for:
A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Important Update: Pending Notification Requirements (Senate Bill 163)
As of 2025, Senate Bill 163 is pending in the Wisconsin legislature. If passed, this bill would require both the payer and the payee in a maintenance order to notify each other and the county child support agency within 10 business days of any change in employer, address, or income. Currently, this notification duty typically applies only to the payer. Failure to provide this notice could result in contempt of court proceedings.
Modification Process
File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Wisconsin courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.
Important Considerations
Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
Wisconsin requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
Wisconsin Spousal Maintenance FAQs
Is there a set formula or calculator for spousal maintenance in Wisconsin?
No. Wisconsin does not have a statutory formula or set calculator for determining spousal maintenance (alimony). Unlike child support, there are no official state guidelines. Instead, Wisconsin courts use a discretionary, case-by-case analysis based on the factors listed in Wisconsin Statutes § 767.56. Judges have broad discretion, which means awards can vary significantly depending on the county, the specific judge, and the unique facts of your case. Online calculators, including this one, can only provide general estimates.
What are the most important factors a Wisconsin court considers?
Under § 767.56, courts must consider all relevant factors, but key ones include:
The length of the marriage.
The age and physical/emotional health of each spouse.
The earning capacity of the spouse seeking maintenance, including their education and work history.
The feasibility of that spouse becoming self-supporting at a standard of living reasonably comparable to the marriage.
The division of marital property.
The tax consequences to each party.
The contribution by one party to the education, training, or increased earning power of the other.
How does marriage length affect maintenance in Wisconsin?
Marriage duration is a primary factor:
Under 5-10 years: Maintenance is less common and typically short-term, if awarded at all.
10-20 years: Maintenance is more likely. Courts often use an informal guideline of awarding maintenance for a period equal to 50% of the marriage length.
20+ years: Often considered a "long-term" marriage where indefinite (permanent) maintenance may be awarded, especially if the recipient is older, has health issues, or has been out of the workforce for a long time.
Are there different types of maintenance in Wisconsin?
Yes. The main types recognized in Wisconsin are:
Temporary Maintenance: Paid during the divorce proceedings only.
Rehabilitative Maintenance: Awarded for a set period to allow a spouse to get education or training to become self-supporting.
Limited-Term (Fixed) Maintenance: Awarded for a specific number of years, often based on marriage length.
Indefinite (Permanent) Maintenance: Has no set end date (though it ends upon death or remarriage). This is generally reserved for long-term marriages where one spouse is unlikely to become fully self-supporting.
What are the tax implications of spousal maintenance?
Tax treatment depends on when the divorce was finalized:
For divorces finalized after December 31, 2018: Under the federal Tax Cuts and Jobs Act, maintenance payments are NOT deductible by the payor and are NOT considered taxable income for the recipient.
For divorces finalized on or before December 31, 2018: The old rules generally apply: payments are deductible by the payor and taxable to the recipient. Wisconsin conforms to this federal treatment.
What is "Senate Bill 163" and how could it affect me?
Senate Bill 163 is a bill introduced in 2025 that, if passed, would change notification rules for maintenance and child support orders.
Current Law: Typically, only the payer is required to report changes in income, employer, or address.
Proposed Change: The bill would extend this notification duty to the payee (the person receiving maintenance) as well. Both parties would have to notify each other and the county child support agency of such changes within 10 business days.
Key Point: This bill deals with procedural notification requirements only. It does NOT change how maintenance amounts are calculated, the factors considered, or the grounds for modification.
Does fault or misconduct affect maintenance awards?
Wisconsin is a "no-fault" divorce state. Generally, marital misconduct (like adultery) is NOT a factor courts can consider when setting maintenance amounts. However, in rare cases, extreme economic misconduct—such as intentionally destroying marital assets, hiding income, or purposefully quitting a job to avoid support obligations—may be considered by the court as a relevant factor.
Can a prenuptial agreement affect spousal maintenance?
Yes. A valid prenuptial (or postnuptial) agreement that addresses spousal maintenance will generally be upheld by Wisconsin courts. Such agreements can waive the right to maintenance altogether, set a specific amount or duration, or outline the conditions under which it will be paid.