2005 - 2006 LEGISLATURE
January 27, 2005 - Introduced by Representatives Musser, Albers, Hundertmark,
Nass, Owens, Bies, Ott, Van Roy, Ainsworth, Townsend, Vrakas
and Pettis,
cosponsored by Senators Lassa and Reynolds. Referred to Committee on
Veterans Affairs.
AB50,1,3 1An Act to renumber and amend 767.26; and to create 767.26 (2m) of the
2statutes; relating to: prohibiting consideration of veterans disability
3payments when ordering maintenance.
Analysis by the Legislative Reference Bureau
Under current law, a court may include in a judgment for annulment, divorce,
or legal separation an order requiring one party to pay maintenance (previously
known as alimony) to the other party for a limited time or an indefinite time. In
deciding whether to order maintenance and the amount to order, the court must
consider a number of factors, such as the length of the marriage, the age and physical
health of the parties, the property division that the court has already made, the
earning capacity of the party seeking maintenance, the educational level of each
party at the beginning of the marriage and at the commencement of the action, and
any other factors the court determines to be relevant.
This bill prohibits a court from considering a party's receipt of veterans
disability payments when determining whether to require the party to pay
maintenance or when determining the amount of maintenance the party must pay.
Currently, since disability payments are intended to compensate for lost income,
they are generally treated as income and may be used as the basis for awarding
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB50, s. 1
1Section 1. 767.26 of the statutes is renumbered 767.26 (1m), and 767.26 (1m)
2(intro.) and (j), as renumbered, are amended to read:
AB50,2,63 767.26 (1m) (intro.) Upon every judgment of annulment, divorce, or legal
4separation, or in rendering a judgment in an action under s. 767.02 (1) (g) or (j), the
5court may, subject to sub. (2m), grant an order requiring maintenance payments to
6either party for a limited or indefinite length of time after considering:
AB50,2,87 (j) Such Subject to sub. (2m), such other factors as the court may in each
8individual case determine to be relevant.
AB50, s. 2 9Section 2. 767.26 (2m) of the statutes is created to read:
AB50,2,1210 767.26 (2m) In deciding whether to require a party to pay maintenance or in
11determining the amount of maintenance that a party must to pay, the court may not
12consider any veterans disability payments that the party receives.
AB50, s. 3 13Section 3. Initial applicability.
AB50,2,1614 (1) This act first applies to maintenance determinations in actions or
15proceedings, including actions or proceedings to modify a judgment or order
16previously granted, that are commenced on the effective date of this subsection.
AB50,2,1717 (End)