Wisconsin Alimony Calculator (2026)
Wis. Stat. § 767.56 makes clear Wisconsin has no statutory alimony formula; courts decide case‑by‑case using the maintenance factors in the statute. While the law provides no fixed calculation, many Wisconsin judges start from an equal division of the couple’s total income for long marriages, and practitioners often apply the American Academy of Matrimonial Lawyers rule‑of‑thumb as an estimate—not a legal requirement.
Reviewed 2026-09-02 · Estimates only — not legal or financial advice.
How Wisconsin calculates it
- Identify the higher‑earning spouse’s annual gross income.
- Identify the lower‑earning spouse’s annual gross income.
- Calculate 30% of the higher earner’s income and 20% of the lower earner’s income, then subtract the latter from the former.
- Apply the 40% cap so the recipient’s total income does not exceed 40% of the combined income.
- Determine duration: 30% of marriage length if under 3 years, 50% if 3–10 years, 75% if 10–20 years, indefinite if over 20 years.
Worked example
In the example, the higher earner makes $100,000 per year and the lower earner $40,000 per year in a 12‑year marriage. Applying the rule‑of‑thumb, 30% × $100,000 = $30,000 and 20% × $40,000 = $8,000, giving a difference of $22,000 per year. The 40% cap reduces this to $16,000 per year, or about $1,333 per month as a starting point. For a 12‑year marriage, the duration guide uses the 75% bracket, yielding 75% × 144 months ≈ 108 months of support. Remember, the court is not bound by these figures.
Frequently asked questions
Who qualifies for alimony in Wisconsin?
Eligibility is evaluated under Wis. Stat. § 767.56 and considers marriage length, each spouse’s earning capacity, age, health, and the standard of living established during the marriage.
Is alimony taxable in Wisconsin?
Alimony follows federal treatment: payments made after 2018 are not deductible by the payer and are not taxable income to the recipient, and Wisconsin conforms to that rule.
How long does it usually take to get a Wisconsin alimony order?
Courts can issue temporary support within a few weeks of filing, but a final alimony order often requires a hearing and may take several months after the divorce petition is filed.
Can I receive partial alimony if my own income is already high?
The rule‑of‑thumb caps the recipient’s total income at 40% of the couple’s combined income, so support may be reduced or eliminated if the recipient’s earnings already exceed that threshold.
What recent changes affect Wisconsin alimony calculations?
There have been no statutory changes; Wisconsin still lacks a fixed formula, and courts continue to apply the case‑by‑case factors in § 767.56, with the AAML guideline remaining a common, non‑binding estimate.
Is the calculation different in Milwaukee, Madison or Green Bay?
No. Wis. Stat. § 767.56 applies statewide, so courts in Milwaukee, Madison, Green Bay and every other county start from the same guideline. Local practice can differ in how judges weigh deviation factors and in typical negotiated outcomes, but the formula on this page is the one used across Wisconsin.
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