{"id":377331,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-marital-property-laws.html"},"modified":"2025-05-23T10:10:07","modified_gmt":"2025-05-23T15:10:07","slug":"wisconsin-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-marital-property-laws.html","title":{"rendered":"Wisconsin Marital Property Laws"},"content":{"rendered":"\n
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Wisconsin Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Wisconsin is one of nine community property states. All property acquired during marriage becomes \u201ccommunity property,\u201d which means it’s equally owned by each spouse. During a divorce or legal separation, Wisconsin couples divide property 50\/50 regardless of which spouse\u2019s name is on the title.<\/p>\r\n

Most states are equitable distribution states. In these states, courts divide marital property fairly but not always equally. Wisconsin courts may use an equitable distribution system if the judge feels it is in the best interest of the parties.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Under Wisconsin statutes<\/a>, marital property<\/a> is all property acquired by either spouse during the marriage. Each spouse has a one-half interest in any marital asset. There is a presumption that all property is marital property unless a prenuptial agreement or other written arrangement excludes it.<\/p>\r\n

The value of the marital estate is set on the date the couple files the divorce paperwork, known as the \u201cdetermination date.\u201d Marital property includes:<\/p>\r\n