No. Alimony is not mandatory in Wisconsin, where it is called maintenance. The law says a court “may” order maintenance for either spouse after weighing statutory factors. A judge can award it for a limited or indefinite time or deny it, and spouses can agree to waive it in a settlement the court approves.
Because alimony is not mandatory in Wisconsin, no spouse has an automatic right to it. Under Wis. Stat. § 767.56, the court considers factors including the length of the marriage, each spouse’s age and health, the property division, education, the earning capacity of the spouse seeking maintenance, whether that spouse can become self-supporting at a standard of living reasonably comparable to the marriage, tax consequences, and agreements the spouses made before or during the marriage. Our guide to alimony in Wisconsin explains each factor.
If the court awards maintenance, it sets either a limited or an indefinite length of time. Unless it ends earlier for another reason, maintenance ends when either the paying or receiving spouse dies. Facts that can defeat a request are covered in what disqualifies you from getting alimony in Wisconsin.
Spouses may agree on maintenance terms, subject to the court’s approval. A court may not later revise a judgment that waives maintenance, so a waiver in your final judgment generally cannot be undone. Read more on waiving alimony in a Wisconsin divorce agreement.
Before you agree to waive or accept maintenance, compare both spouses’ income, earning capacity, and the proposed property division, because the court weighs maintenance and property together. Check the maintenance request on your petition or response. If you need support while the case is pending, you can ask the court for a temporary maintenance order.
Since alimony is not mandatory in Wisconsin, Renier Hotopp Law Offices builds the factor-by-factor record a court uses to award, limit, or deny it. See our Wisconsin alimony and maintenance attorney services or learn more about the firm.
