Wisconsin determines spousal support through a multi-factor statutory analysis under Wis. Stat. § 767.56. Understand how the court evaluates eligibility, amount, and duration in your case.
Calculate Your Spousal Support →$39 one-time · No account needed · Report by email in 5 minutes
Spousal support in Wisconsin is determined by a statutory multi-factor analysis under Wis. Stat. § 767.56. The court weighs the following factors to arrive at a fair support amount and duration. Unlike the temporary formula, there is no mathematical calculation for permanent support — it is a discretionary determination by the judge based on the totality of the circumstances.
The types of spousal support available in Wisconsin include: Rehabilitative (fixed term), Indefinite, Lump sum. The type ordered depends on the length of the marriage, each spouse's financial situation, and the supported spouse's ability to become self-supporting.
Primary statute: Wis. Stat. § 767.56
The court considers these 10 statutory factors when determining the amount and duration of spousal support:
Length of the marriage
Age and physical and emotional health of the parties
Division of property made under § 767.61
Educational level of each party at marriage and at divorce
Earning capacity of the party seeking maintenance
Feasibility of becoming self-supporting at comparable standard of living
Tax consequences to each party
Mutual agreements regarding financial contributions with expectation of reciprocation
Contribution by one party to the education, training, or increased earning power of the other
Any other factors the court deems relevant
No formula. Entirely discretionary based on 10 factors. Length of marriage is the primary driver.
Duration is one of the most heavily litigated aspects of spousal support. The length of the marriage is the single most important factor in most cases, but the court also considers the supported spouse's age, health, job skills, and the time needed to acquire education or training for appropriate employment.
Misconduct (including adultery) is NOT a factor in maintenance.
Cohabitation does NOT automatically terminate maintenance — must show changed financial circumstances.
120-day waiting period (Wis. Stat. § 767.335) is one of the longest in the US.
Find out if you qualify, how much you might receive (or pay), and for how long.
Residency Requirement
6 months state + 30 days county (Wis. Stat. § 767.301)
Mandatory Waiting Period
120-day mandatory waiting period (Wis. Stat. § 767.335) — one of the longest in the US
No-Fault Ground
Irretrievable breakdown
State Income Tax
Progressive 3.54–7.65% (4 brackets)
Wisconsin does not use a fixed formula for spousal support. Instead, courts apply a multi-factor analysis under Wis. Stat. § 767.56 to determine the amount and duration based on the specific circumstances of each case.
Wisconsin recognizes the following types of spousal support: Rehabilitative (fixed term), Indefinite, Lump sum. The type awarded depends on the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay.
No formula. Entirely discretionary based on 10 factors. Length of marriage is the primary driver.
Yes. Spousal support orders in Wisconsin can generally be modified if there is a material change in circumstances, such as a significant change in either party's income, retirement, cohabitation of the supported spouse, or other qualifying events as defined by statute.
Get a personalized spousal support analysis based on Wisconsin's actual statutory framework.
Start My Free WisconsinEstimate →This tool provides educational estimates based on Wisconsin family law and does not constitute legal advice. Spousal support calculations are estimates and may differ from court-ordered amounts. Consult a licensed Wisconsin family law attorney before making decisions. Primary statute: Wis. Stat. § 767.56.