Spousal support in Wisconsin is referred to as maintenance.  Elsewhere, maintenance is called alimony.  Wisconsin law does not provide an entitlement to maintenance.  Unlike child support, there is no formula to determine if maintenance is appropriate and how much, if any, maintenance should be awarded.  A court will examine the parties' situation  in light of ten statutory factors, the first of which is length of marriage.  After considering the factors, the court will decide if maintenance is appropriate and, if so, how long the award of maintenance should last and how much maintenance is appropriate.  An award of maintenance may be modified if the parties' circumstances substantially change.

Unfortunately, there is no general rule that determines when maintenance is appropriate.  For that reason, the awarding of maintenance is one of the most difficult outcomes to predict in the context of a divorce.

Sometimes parties may agree upon an alternative to maintenance in which one spouse pays the other spouse guaranteed payments that are deductible to the payer and taxable to the recipient, if these payments meet the IRS definition of maintenance.  These payments are commonly referred to as Section 71 payments in reference to Section 71 of the Internal Revenue Code, which allows for their deductibility.  Section 71 payments are often paid in lieu of maintenance payments and will typically continue for a designated duration whether or not the recipient spouse remarries.  There are advantages and disadvantages to both spouses in this scenario.

The attorneys at Balisle & Roberson, S.C. are well-versed in Wisconsin maintenance case law.  Whether through negotiation, mediation, arbitration, or litigation, our attorneys will determine how best to preserve your financial security.