Wyoming Marital Property Laws

Wyoming is an equitable distribution state. Under Wyoming divorce laws, couples divide marital property according to what is fair rather than evenly. Most states follow equitable distribution rules. A few states use community property laws, where marital property is divided 50/50 during a divorce.

In the state of Wyoming, marital property is all property acquired by either spouse during the marriage. Marital property can include separate property in some circumstances. Every state has its own rules for dividing separate and marital property.

Marital Property vs. Separate Property

Under Wyoming statutes, marital property is all property acquired by either spouse during the marriage. In general, all property that is not separate property is marital property unless a spouse can show they have a right to the property. Marital property includes:

• Real estate, including the marital home

• Income and wages

• Joint bank accounts and credit cards

• Retirement accounts and pension plans

• Debts and liabilities

During the division of property, judges may assign debts to the spouse who incurred them. For instance, debts for improving the marital residence may be split between the couple, while student loan debts go to the spouse who obtained them.

Separate property is everything acquired before the marriage, after the complaint for divorce was filed, or acquired during the marriage:

• By gift, inheritance, or bequest

• Through the sale or transfer of other separate property

• Alimony or spousal support from a previous marriage

• Property excluded through a prenuptial other settlement agreement

Dividing Property in Wyoming

Both parties provide the court with a financial affidavit during the divorce process. Parties must include all assets and liabilities, even separate property not subject to distribution. Wyoming courts consider a number of factors during the distribution of property, including:

• The length of the marriage

• The employability and earning capacity of the parties

• The financial status of each party after the property division

• Contributions of each party to the marital assets, including non-monetary contributions like homemaking and child care

Equitable division also considers child custody during the property division. If an unequal distribution is in the best interests of the child, for instance, if the parent with physical custody should keep the marital home so minor children can attend school, that will become part of the agreement.

Get Legal Advice from a Wyoming Divorce Attorney

A divorce case is a complicated and emotional time. Couples need help getting from the first discussion to the final decree of divorce. If you’re considering ending a marriage, get legal advice from an experienced Wyoming divorce attorney.