Wisconsin Alimony Calculator
Estimate spousal support payments under Wisconsin's judicial discretion guidelines.
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Spouse's Income
- Wisconsin does not have a statutory alimony formula. This is a general estimate only.
- Actual awards depend on judicial discretion and the specific factors of your case.
- Consult a family law attorney in your state for accurate guidance.
- Post-2018 TCJA: alimony is not tax-deductible for the payor and not taxable income for the payee (federal).
Wisconsin Alimony Laws
Wisconsin courts award maintenance under Wis. Stat. §767.56 based on the length of marriage, age and health of the parties, division of property, educational level, earning capacity, and the feasibility of self-support within a reasonable time.
Wisconsin does not use a fixed formula for calculating alimony. Instead, courts exercise broad judicial discretion when determining the amount and duration of spousal support, weighing multiple statutory factors to reach a fair outcome.
How Wisconsin Calculates Spousal Support
Wisconsin courts consider multiple factors when calculating spousal support, including but not limited to:
- Length of the marriage
- Income and earning capacity of each spouse
- Age and health of both parties
- Standard of living established during the marriage
- Financial resources and assets of each party
- Contributions to the marriage (including homemaking and child-rearing)
- Education, training, and employability of the requesting spouse
- The paying spouse's ability to meet their own needs while paying support
Types of Alimony Available in Wisconsin
Wisconsin courts may award the following types of spousal support:
- Temporary
- Limited Term
- Permanent/indefinite
The type of alimony awarded depends on the circumstances of the divorce, including the length of the marriage, the financial needs of the requesting spouse, and the purpose the support is intended to serve.
Wisconsin Alimony Duration Guidelines
Court discretion under Wis. Stat. §767.56. Duration depends on marriage length. Marriages over 20 years may receive indefinite maintenance.
Courts may modify the duration of alimony if there is a substantial change in circumstances, such as a significant increase or decrease in income, retirement, remarriage of the recipient spouse, or cohabitation with a new partner.
Frequently Asked Questions: Wisconsin Alimony
How is alimony calculated in Wisconsin?
Wisconsin does not have a fixed alimony formula. Wisconsin courts award maintenance under Wis. Stat. §767.56 based on the length of marriage, age and health of the parties, division of property, educational level, earning capacity, and the feasibility of self-support within a reasonable time. The court has broad discretion in determining the amount based on each party's financial situation.
How long does alimony last in Wisconsin?
Court discretion under Wis. Stat. §767.56. Duration depends on marriage length. Marriages over 20 years may receive indefinite maintenance. The actual duration depends on the specific facts of each case, and courts may adjust based on changed circumstances.
Can alimony be modified in Wisconsin?
Yes, in most cases alimony can be modified in Wisconsin if there is a substantial change in circumstances. Common grounds include significant changes in income, job loss, retirement, serious illness, or the recipient spouse becoming self-supporting. Some types of alimony, such as lump-sum awards, may not be modifiable.
Is alimony taxable in Wisconsin?
For divorce agreements executed after December 31, 2018, alimony is not taxable income for the recipient and not tax-deductible for the payer under federal tax law (per the Tax Cuts and Jobs Act). State tax treatment varies — California still allows the alimony deduction on its state return; Pennsylvania never allowed it; New Jersey and a few other states decoupled for some pre-existing orders. Verify Wisconsin's current state-tax position with a CPA or your state's tax authority. For pre-2019 federal agreements that have not been modified, the old federal rules may still apply.
Does Wisconsin have permanent alimony?
Yes, Wisconsin allows Permanent/indefinite alimony. This is typically reserved for long-term marriages where the receiving spouse cannot become self-supporting. The types of alimony available in Wisconsin include: Temporary, Limited Term, Permanent/indefinite.