Dividing marital property can be one of the most stressful and contentious issues in a divorce. When a couple cannot reach a mutually agreed-upon settlement, a judge decides how their assets will be divided based on state divorce law. In addition to working with a skilled divorce lawyer, it’s important to understand how Wisconsin courts settle property division in order to protect your interests and achieve the best result possible.

What Is Equitable Distribution?

The way marital property is divided varies from state to state. Most states follow equitable distribution laws, which state that property must be divided fairly and equitably between a couple. However, Wisconsin is one of nine states that follows community property law instead, which ensures that each spouse receives the same share of the marital estate’s assets and debts. Sometimes referred to as 50/50, this divorce law follows the theory that assets acquired during a marriage are considered community property and should be split in half.

What's the Difference Between Marital & Separate Property? 

When determining which assets will be divided between a divorcing couple, Wisconsin divorce law makes a distinction between marital and separate property. Assets owned solely by one spouse are considered separate property and, in most cases, are not included in a property division agreement. This may include property owned before the marriage, gifts or inheritances given to just one spouse, money awarded in a personal injury settlement, and assets received after separation.
Marital property, on the other hand, is subject to distribution laws during a divorce. It includes all assets acquired during the course of a marriage, including money earned, items purchased, real estate bought, and debts accrued.

What Determines the Division of Assets?

Since Wisconsin is a community property state, the court will attempt to distribute property so that each spouse receives the same amount of assets and debts. However, the law does allow for deviations to this rule based on factors such as the length of the marriage, the amount of property each spouse brought to the marriage, non-economic contributions made to the marriage (homemaking or child care, for example), and each spouse’s age, health, earning capacity, and economic circumstances.

For example, the court may award one spouse a larger share of the estate if the other spouse has a higher earning capacity or other economic resources, such as an inheritance or trust fund. If one spouse made significant career sacrifices to support their partner’s work ambitions during the marriage, they may receive more than half of the marital assets.

If you need an experienced divorce lawyer, contact Luke A. Weiland, Attorney at Law in Wisconsin Rapids, WI. With more than 15 years of family and divorce law experience, this seasoned attorney will protect your best interests and ensure you get a fair and favorable settlement. Visit his website to learn more about his services and call (715) 422-6808 to schedule a consultation today.