Can Indefinite Maintenance Be Increased Or Extended Years After a Divorce?
Yes. Wisconsin courts retain the authority to modify maintenance (spousal support) after a divorce judgment has been entered.
Maintenance is grounded in the principle that it is the obligation of the supporting spouse to support the other spouse in a manner consistent with the standard of living established during the marriage. As the Wisconsin Supreme Court explained in Van Gorder v. Van Gorder, 110 Wis. 2d 188, 193 (1983), maintenance exists to maintain fairness and financial equity following divorce.
However, a party seeking to modify maintenance must meet a legal standard. To obtain a modification, the requesting party must demonstrate a substantial change in circumstances since the entry of the original divorce judgment. See Rohde–Giovanni v. Baumgart, 2004 WI 27, ¶ 30; Wis. Stat. § 767.32(1)(a). Courts focus primarily on the financial changes experienced by the parties.
Term Maintenance vs. Indefinite Maintenance
It is important to distinguish between maintenance ordered for a fixed term and indefinite maintenance.
In In re Marriage of Jantzen, 2007 WI App 171, the court addressed a request to extend maintenance that had originally been ordered for a specific term. In that case, maintenance was structured to terminate after 11 years or upon certain triggering events (such as remarriage). The trial court had anticipated that child support would end several years before maintenance expired and structured the order accordingly.
When child support later ended, the ex-wife sought to extend maintenance. The court declined, holding that no substantial change in circumstances had occurred because the end of child support was anticipated at the time of divorce.
The key takeaway from Jantzen is this: When a court orders maintenance for a defined term and anticipates future financial changes, such as cessation of child support, those anticipated events generally do not constitute a “substantial change in circumstances.” Other changes of circumstances may be treated differently by a court.
Furthermore, this reasoning does not apply in the same way to indefinite maintenance.
When Indefinite Maintenance May Be Increased
Where maintenance is ordered indefinitely, courts may consider post-divorce financial developments that were not anticipated at the time of divorce.
For example, if:
· Child support ends, and
· The payor’s income increases significantly, and
· The recipient’s financial position does not reflect the marital standard of living,
those facts together, or taken separately, may constitute a substantial change in circumstances.
If the payor’s current earnings are consistent with or exceed their earnings during the marriage, an upward modification may be appropriate to restore the recipient to a standard of living reasonably comparable to that enjoyed during the marriage.
Post-Divorce Income Increases
A maintenance increase may also be appropriate when a payor’s increased income is not solely attributable to post-divorce efforts.
In Gerrits v. Gerrits, 167 Wis. 2d 429 (Ct. App. 1992), an ex-husband won the lottery shortly after divorce. His former spouse sought an increase in maintenance based on the lottery winnings. The court held that lottery proceeds could be considered a change in financial circumstances when determining whether modification was justified.
While the court expressed skepticism about whether lottery winnings necessarily required an increase, the case confirms an important principle: Significant post-divorce increases in financial circumstances may be considered in maintenance modification proceedings.
This is particularly relevant in long-term marriages where one spouse contributed substantially to the other’s earning power through:
· Homemaking
· Childcare
· Supporting the other spouse’s education or career
· Working while the other advanced professionally
Legal Authority for Modification
Wisconsin courts have clear statutory authority to revise maintenance awards.
Under Wis. Stat. § 767.32(1)(a), a circuit court may “revise and alter” a maintenance order after judgment. See also Kenyon v. Kenyon, 2004 WI 147.
When modifying maintenance, courts must apply the same statutory factors used in the original award, found in Wis. Stat. § 767.56 (formerly § 767.26). Courts compare the circumstances at the time of divorce with present-day realities.
Factors Courts Consider in Maintenance Modification
Under Wis. Stat. § 767.56, courts evaluate multiple factors, including:
- Length of the Marriage
A 30-year marriage, for example, strongly supports ongoing and potentially reviewable maintenance.
- Age and Health of the Parties
If both parties remain employable, this factor may influence the level—but not necessarily eliminate the appropriateness—of maintenance.
- Division of Property
An equal property division does not preclude future maintenance modification.
- Educational Levels
If both parties were similarly educated but one made significant contributions to the other’s earning capacity, that contribution remains relevant.
- Earning Capacity of the Recipient
Even if the recipient earns more than during the marriage, modification may still be appropriate if the payor’s income has substantially increased.
- Feasibility of Self-Support at the Marital Standard of Living
The court compares pre-divorce and post-divorce financial realities to determine whether the recipient can reasonably achieve a lifestyle comparable to that enjoyed during the marriage.
- Contributions to the Other Spouse’s Earning Power
Substantial contributions—such as working during the other spouse’s schooling, homemaking, or raising children—remain highly relevant in modification proceedings.
The Bottom Line
Indefinite maintenance can be increased years after divorce—but only if the party seeking modification proves a substantial change in circumstances.
Courts will carefully examine:
· Whether financial changes were anticipated at the time of divorce
· Whether the payor’s income has increased
· Whether the recipient is living at a standard reasonably comparable to the marriage
· Whether contributions during the marriage justify continued financial parity
Each case is fact-specific. Long-term marriages, significant earning disparities, and meaningful marital contributions often weigh heavily in favor of review.
If you believe your circumstances have materially changed since your divorce, it may be worth consulting with experienced counsel to evaluate whether a modification of maintenance is appropriate.