Spousal Support / Maintenance

Protecting What You've Built Together.

The end of a marriage brings financial questions that are difficult to face and even harder to answer alone. If you or your spouse earned significantly different incomes during your marriage — or if one of you stepped away from a career to raise children or support the household — spousal maintenance may become one of the most important issues in your divorce. At Bender, Larson, Chidley, Koppes, Hetfield & Associates, we help clients in Watertown and throughout Wisconsin understand their rights, navigate Wisconsin's maintenance laws with clarity, and pursue outcomes that are fair and financially sustainable.

What Is Spousal Maintenance in Wisconsin?

In Wisconsin, what many people call "alimony" or "spousal support" is referred to as "maintenance" under the law. Governed by Wis. Stat. § 767.56, maintenance is a court-ordered payment from one spouse to the other following a divorce, legal separation, or annulment. Unlike child support, there is no formula or set calculation — courts have considerable discretion in deciding whether maintenance is appropriate, how much should be paid, and for how long.

Wisconsin courts recognize two core purposes behind maintenance: to support the lower-earning spouse at a standard of living reasonably comparable to what the couple enjoyed during the marriage, and to ensure a fair and equitable financial outcome for both parties. For families in the Watertown area — including those with agricultural operations, small businesses, or traditional household arrangements — maintenance decisions can significantly shape each spouse's financial future.

How Wisconsin Courts Determine Maintenance

Because there is no fixed formula, Wisconsin courts weigh ten statutory factors under Wis. Stat. § 767.56(1c) when deciding whether to award maintenance, and in what amount and duration. These factors include:

• The length of the marriage — generally the single most important factor. Courts rarely award maintenance in marriages of fewer than 10 years.
• The age and physical and emotional health of both parties.
• The division of marital property and how assets were allocated in the divorce.
• The educational level of each spouse at the time of marriage and at the time of the divorce proceedings.
• The earning capacity of the spouse seeking maintenance, including work history, skills, time away from the workforce, and the cost of retraining or education.
• Whether it is feasible for the spouse seeking maintenance to become self-supporting at a comparable standard of living, and how long that might take.
• Whether one spouse contributed to the other's education, career advancement, or increased earning capacity.
• The tax consequences to each party of any maintenance award (including potential Family Support arrangements under Wis. Stat. § 767.531).
• Any valid prenuptial or postnuptial agreement between the parties.
• Any other factors the court determines are relevant to the specific circumstances of the case.

In long-term marriages, Wisconsin courts have indicated that a useful starting point is dividing total household income equally, with adjustments based on the statutory factors. However, every case is different, and the outcome depends heavily on the unique facts presented. Our attorneys help clients understand how these factors apply to their specific situation and present their case as effectively as possible.

Types of Maintenance Awards in Wisconsin

Wisconsin courts may award several different types of maintenance depending on the circumstances of the marriage and the needs of the parties:

Temporary Maintenance

Awarded during the pendency of a divorce or legal separation to help cover living expenses and maintain financial stability while the case is ongoing. A temporary order does not determine the final award.

Rehabilitative Maintenance

A short-term award designed to support the lower-earning spouse while they obtain education, training, or work experience to become self-supporting. Common in marriages where one spouse left the workforce to raise children.

Limited-Term Maintenance

Ordered for a defined period of time — often tied to a specific milestone, such as the youngest child entering school or the recipient completing a degree program. Appropriate for medium-length marriages.

Indefinite Maintenance

More common in long marriages of 20 years or more, particularly when one spouse was financially dependent and it is not realistic for them to become fully self-supporting. Does not necessarily mean permanent — it can still be modified or terminated based on changed circumstances.

Who We Represent

Our spousal maintenance practice serves a broad range of clients, including:

• Spouses seeking maintenance as part of a divorce or legal separation.
• Spouses contesting or negotiating the amount or duration of a maintenance claim.
• Business owners and self-employed individuals navigating income characterization issues.
• Spouses in long-term marriages where one partner was primarily a homemaker or caregiver.
• Agricultural families and farm operators with complex asset and income structures.
• Clients seeking to modify or terminate an existing maintenance order due to changed circumstances.
• Clients whose former spouse has failed to comply with a maintenance order.

How We Can Help

Our attorneys provide comprehensive representation throughout all stages of spousal maintenance matters:

• Evaluating whether maintenance is likely to be awarded in your specific case.
• Gathering and presenting financial documentation to support your position.
• Negotiating maintenance terms in settlement discussions or mediation.
• Representing you at temporary order hearings and final divorce proceedings.
• Advising on the tax implications of maintenance versus Family Support arrangements.
• Filing post-judgment motions to modify, reduce, increase, or terminate maintenance.
• Enforcing maintenance orders when a former spouse fails to pay.
• Reviewing prenuptial and postnuptial agreements that address maintenance rights.

Frequently Asked Questions

Is maintenance the same as alimony?

Yes. Wisconsin law uses the term "maintenance" in its statutes (Wis. Stat. § 767.56), but it refers to the same concept as alimony or spousal support. The terms are used interchangeably in everyday conversation.

How long does maintenance last in Wisconsin?

Duration depends on the length and nature of the marriage. Short-term marriages (generally under 10 years) rarely result in maintenance. Medium-length marriages may yield limited-term awards. Long marriages of 20 years or more often result in indefinite maintenance, especially when one spouse was out of the workforce for an extended period.

Can a maintenance order be changed after divorce?

Yes. Under Wis. Stat. § 767.59, either party may seek a modification if there has been a substantial change in circumstances since the original order — such as job loss, retirement, a significant change in income, or a serious health issue.

Does maintenance end if the recipient remarries?

Generally, yes. Wisconsin law provides that maintenance terminates automatically upon the remarriage of the recipient or the death of either party, unless the parties have agreed otherwise in writing.

What is Family Support, and how does it differ from maintenance?

Family Support (Wis. Stat. § 767.531) is a combined payment covering both maintenance and child support. It can offer tax advantages for both parties — the paying spouse may deduct the full amount, and the recipient reports it as income. Our attorneys can help you evaluate whether a Family Support arrangement makes sense in your situation.

Serving Families Throughout Southeastern Wisconsin

Bender Law is based in Watertown, Wisconsin, and serves families across Jefferson County and the surrounding region. We represent clients in family court proceedings in Jefferson, Juneau, Whitewater, Lake Geneva, Elkhorn, Johnson Creek, Oconomowoc, Delavan, Janesville, and beyond. Our attorneys are familiar with local judges, court procedures, and the specific considerations that arise in Jefferson County and Dodge County Circuit Courts — local knowledge that can matter in a closely contested spousal maintenance case.

Talk to a Spousal Maintenance Attorney in Watertown, WI

If you're facing questions about spousal maintenance — whether you're seeking an award, contesting one, or looking to modify an existing order — do not wait. The sooner you speak with an attorney, the more options you may have. Contact Bender Law today to schedule a consultation.

(920) 261-7626 | 138 Hospital Dr., Suite 100, Watertown, WI 53098

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