Wisconsin Marital Property Laws

Wisconsin is one of nine community property states. All property acquired during marriage becomes “community property,” 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’s name is on the title.

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.

Marital Property vs. Separate Property

Under Wisconsin statutes, marital property 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.

The value of the marital estate is set on the date the couple files the divorce paperwork, known as the “determination date.” Marital property includes:

• Real estate, including the marital residence
• Wages and income earned during the marriage
• Retirement accounts and pension plans
• Joint bank accounts and credit cards

Judges may divide debts and liabilities equally, but courts often assign debt to the spouse who acquired it. The courts will divide most marital debts, but each spouse is responsible for paying their own credit card debts.

Separate property is all property acquired by either spouse before marriage or during the marriage. This can include:

• Gifts, inheritances, or bequests
• The sale or trade of separate property
• Anything excluded by a prenuptial or postnuptial agreement

State statutes exclude a spouse’s individual property from property division unless the judge feels it will create a hardship for the other party or any minor children.

A married couple may write their own marital property agreement before their divorce. As long as the agreement protects the property rights of all parties, family law courts will incorporate the agreement into the divorce decree.

Wisconsin Marital Property Laws

During a Wisconsin divorce, judges attempt to divide all property 50/50. In making the property division, the judge may consider:

• The age and health of the parties
• The length of the marriage
• Assets and liabilities on both parties’ financial disclosures
• Earning capacity of both parties
• Contributions of each spouse to the marital estate, including nonmonetary contributions

Divorce Laws and Probate Laws

Wisconsin’s marital property laws cross over with its probate laws. Property classification following the death of a spouse is similar to that of classification during a divorce. Couples should discuss their property interests and rights with an estate planning attorney to protect the rights of the surviving spouse.

Get Legal Advice From a Wisconsin Divorce Attorney

If you and your spouse are dealing with a divorce, you already have enough to worry about. Getting sound legal advice about the division of marital assets from an experienced Wisconsin divorce attorney is a good idea.