Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open

When Is It Right to Waive Maintenance?

Short answer: It depends on your length of marriage, age, health, income disparity, and ability to support yourself long-term.

Table of Contents

• When Is It Right to Waive Maintenance?
• How Long Do Terms of Maintenance Last?
• Waived vs. Held Open Maintenance
• Two Things to Remember Before You Make a Decision to Waive
• Bottomline—Carefully Consider Your Maintenance Options

At the end of every divorce case (see all steps in the divorce process), there comes a time—typically during final settlement negotiations—when both spouses must decide whether maintenance in Wisconsin should be paid by one party for the other spouse’s support.

Let’s start with how maintenance is defined in the Wisconsin court system.

While there are three types of maintenance payments (rehabilitative, compensatory, and lifestyle maintenance), there are two ways to classify how long maintenance may be ordered: limited-term maintenance and indefinite maintenance.

How Long Do Terms of Maintenance Last?

Limited-Term Maintenance

Limited-term maintenance is often appropriate for shorter marriages. One spouse pays maintenance for a defined period, but the length of the marriage does not justify indefinite support.

Indefinite Maintenance

Indefinite maintenance has no predetermined end date and continues unless terminated by law—typically upon remarriage of the recipient spouse or the death of either party.

Waived vs. Held Open Maintenance

What It Means to Hold Maintenance Open

Holding maintenance open allows a spouse to return to court after the divorce if there is a substantial and significant change in financial circumstances. Any request must be made before the hold-open period expires.

Waive or Terminate

In shorter marriages where both spouses earn similar incomes and can support themselves, waiving maintenance is common.

Two Things to Remember Before You Make a Decision to Waive

#1: If You Waive Maintenance, It Is Waived Forever

Once maintenance is waived, it cannot be reinstated. Wisconsin law is clear under Wis. Stat. § 767.59(1c)(b), which states:

“A court may not revise or modify a judgment or order that waives maintenance payments for either party or a judgment or order with respect to final division of property.”

#2: Bottomline—Carefully Consider Your Maintenance Options

Waiving maintenance should be approached carefully. When reviewing settlement options with your divorce attorney, ask about alternative financial arrangements that may provide long-term security if maintenance is waived.

Start by Knowing Your Rights

If you are unsure whether to waive maintenance or keep it open, speak with legal counsel before finalizing your divorce.
Contact an experienced family lawyer from Karp & Iancu to understand your rights and options.