What is maintenance in a Wisconsin divorce?

Maintenance is Wisconsin’s term for spousal support. It is separate from child support and is intended to address the economic relationship between former spouses when the statutory circumstances justify an award.

Wisconsin does not use a single mandatory maintenance formula. Courts consider the factors listed in Wis. Stat. § 767.56, including the length of the marriage, the parties’ ages and health, property division, educational levels, earning capacities, contributions to the other spouse’s education or career, tax consequences, and the feasibility of the recipient becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.

Wisconsin cases commonly describe two important maintenance objectives: support and fairness. The support objective considers the recipient spouse’s needs and ability to become self-supporting. The fairness objective considers whether the economic consequences of the divorce are fairly allocated between the spouses in light of the marriage.

Maintenance may be ordered for a fixed term or, in appropriate cases, for an indefinite period. Whether maintenance is appropriate and the amount and duration of any award are highly fact-specific.

Primary Wisconsin authorities: Wis. Stat. § 767.56; Wisconsin maintenance case law applying the support and fairness objectives.