Spousal maintenance can become one of the most significant financial issues in a divorce. This often happens when you and your spouse have very different incomes or when one of you stepped away from work during the marriage. An income difference alone, however, does not guarantee an award.
Here are the key points to understand before you make assumptions about what you may receive or pay.
How Wisconsin courts decide whether to award maintenance
Wisconsin courts consider several circumstances before deciding whether one spouse should support the other. Under Wis. Stat. § 767.56, judges review:
- The length of your marriage
- Your age, health, education and earning ability
- Your standard of living during the marriage
- How the court divides your property
- Your contributions to your spouse’s education or earning ability
- Each spouse’s ability to provide support
- The tax consequences of an award
They weigh these circumstances together rather than treating one factor as decisive. It also considers two main goals: providing support when needed and reaching a fair result for both spouses.
How courts determine the amount of maintenance
Wisconsin courts examine your income, reasonable expenses, ability to pay, child support obligations and the standard of living you shared during the marriage.
In Kelly v. Dorschner, a 2025 Wisconsin Court of Appeals decision, they found that the circuit court did not adequately explain its maintenance decision after improperly treating a military pension as income rather than marital property. The case shows why the court must consider how property and income affect the overall analysis.
How courts determine how long maintenance lasts
A court may order maintenance for a set period or leave it open-ended, depending on your circumstances. The length of your marriage, earning prospects and the needs of both spouses can affect that decision.
An existing award can also change after a substantial change in circumstances. In Wilson v. Cosgrove, decided in May 2026, the Court of Appeals upheld the termination of indefinite maintenance after significant changes in the parties’ income and assets. The case illustrates why an award can change when the circumstances supporting it no longer exist.
Borowski v. Borowski, another recent appellate decision, addressed whether a former spouse’s romantic relationship could affect an existing award. The court’s analysis shows that the specific terms of a maintenance agreement can matter when determining whether payments should continue.
Prepare for the financial questions maintenance raises
Because Wisconsin does not guarantee a particular payment through a simple formula, reviewing your situation with an attorney can help you evaluate your position. Bringing those details to your lawyer can also help you assess a proposed award or identify circumstances that could affect your request for support.
