AB54: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB54, s. 1 Section 1. 767.56 (intro.) of the statutes is renumbered 767.56 (1m) and amended to read:

AB54,3,4 767.56 (1m) Order of court. Upon a judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.001 (1) (g) or (j), the court may, subject to sub. (2m), grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering:, in the manner provided in this section, as a rehabilitative measure to enable the party for whom maintenance is ordered to acquire the education or skills necessary to become self-supporting.

AB54, s. 2 Section 2. 767.56 (1) of the statutes is renumbered 767.56 (3m) (a) 1.

AB54, s. 3 Section 3. 767.56 (2) of the statutes is renumbered 767.56 (3m) (a) 2. and amended to read:

AB54,3,9 767.56 (3m) (a) 2. The age and physical and emotional health of the parties, both before and during the marriage.

AB54, s. 4 Section 4. 767.56 (2m) of the statutes is created to read:

AB54,3,12 767.56 (2m) Criteria for ordering. The court may order maintenance to a party only if both of the following conditions are satisfied:

AB54,3,13 (a) The parties have been married for at least 15 years.

AB54,3,14 (b) The party seeking maintenance shows either of the following:

AB54,3,16 1. That because of the marriage he or she lacks sufficient resources to provide for his or her minimal, reasonable needs.

AB54,3,20 2. That employment is difficult for the party to maintain, or that gainful employment is not possible for the party to obtain, because of a physical or mental disability that was incurred by the party during the marriage and that is certified by a physician.

AB54, s. 5 Section 5. 767.56 (3) of the statutes is renumbered 767.56 (3m) (a) 3. and amended to read:

AB54,3,24 767.56 (3m) (a) 3. The division of property made under s. 767.61, and all other financial resources of the party seeking maintenance.

AB54, s. 6 Section 6. 767.56 (3m) of the statutes is created to read:

AB54,4,3 767.56 (3m) Factors to consider. (a) In determining whether to order maintenance and, subject to sub. (5m), the amount of maintenance to order, the court shall consider all of the following that apply:

AB54,4,5 7. The efforts of the party seeking maintenance to obtain suitable employment before and during the pendency of the action.

AB54,4,7 (b) Notwithstanding the court's findings under par. (a), the court may deny maintenance to a party if any of the following applies:

AB54,4,9 1. The party seeking maintenance engaged in extramarital activities during the marriage.

AB54,4,11 2. The party seeking maintenance has not made reasonable efforts to obtain employment or develop the skills necessary to become self-supporting.

AB54, s. 7 Section 7. 767.56 (4) of the statutes is renumbered 767.56 (3m) (a) 4.

AB54, s. 8 Section 8. 767.56 (4m) of the statutes is created to read:

AB54,4,17 767.56 (4m) Length of time for order. (a) If the court orders maintenance, it shall require payment for the shortest time necessary for the payee to become employed at a level that provides for the payee's minimal, reasonable needs, but in no case for longer than 3 years.

AB54,4,20 (b) Notwithstanding par. (a), if the payee during the marriage contributed to the education of the payer, the court may order maintenance to continue until the total amount of maintenance paid equals the amount the payee contributed.

AB54,4,23 (c) Notwithstanding par. (a), if the payee became disabled during the marriage, the court may order maintenance to continue for either of the following periods of time, whichever is shorter:

AB54,5,3 1. For as long as the disability continues, but in no case after the payee reaches the age that, for a retired worker who was born on the same date as the payee, is full retirement age for the purpose of receiving unreduced social security benefits.

AB54,5,5 2. Until the payee receives or becomes eligible to receive disability payments or other benefits paid on account of his or her disability.

AB54, s. 9 Section 9. 767.56 (5) of the statutes is renumbered 767.56 (3m) (a) 5.

AB54, s. 10 Section 10. 767.56 (5m) of the statutes is created to read:

AB54,5,11 767.56 (5m) Amount of maintenance. If the court orders maintenance, it shall set the amount at a level that does not exceed a monthly amount necessary to meet the minimal, reasonable needs of the payee, but in no case at more than 20 percent of the payer's monthly income, based on a 40-hour work week or the payer's base pay.

AB54, s. 11 Section 11. 767.56 (6) of the statutes is repealed.

AB54, s. 12 Section 12. 767.56 (7) of the statutes is repealed.

AB54, s. 13 Section 13. 767.56 (8) of the statutes is repealed.

AB54, s. 14 Section 14. 767.56 (9) of the statutes is renumbered 767.56 (3m) (a) 6. and amended to read:

AB54,5,19 767.56 (3m) (a) 6. The contributions and sacrifices of each of the parties during the marriage, including the contribution by one party to the education, training, or increased earning power of the other.

AB54, s. 15 Section 15. 767.56 (10) of the statutes is renumbered 767.56 (3m) (a) 8.

AB54, s. 16 Section 16. 767.59 (3) of the statutes is amended to read:

AB54,6,2 767.59 (3) Remarriage; vacating maintenance order. After a final judgment requiring maintenance payments has been rendered and, if the payee has remarried remarries or cohabits with another adult person of the opposite sex, the court shall, on application of the payer with notice to the payee and upon proof of the remarriage or cohabitation, vacate the order requiring the payments.

AB54, s. 17 Section 17. Initial applicability.

AB54,6,7 (1) New orders. The treatment of section 767.56 (intro.), (1), (2), (2m), (3), (3m), (4), (4m), (5), (5m), (6), (7), (8), (9), and (10) of the statutes first applies to actions or proceedings in which maintenance is sought that are commenced on the effective date of this subsection.

AB54,6,10 (2) Revisions. The treatment of section 767.59 (3) of the statutes first applies to actions or proceedings to vacate maintenance orders that are commenced on the effective date of this subsection.

AB54,6,11 (End)