Wisconsin is a 50/50 state when it comes to divorce. This means that, under Wisconsin law, marital property is generally divided equally between spouses. Understanding how this works can help you better navigate the divorce process.
Marital property in Wisconsin
In Wisconsin, all property acquired during the marriage is marital property. This includes income, real estate, vehicles, retirement accounts, and other assets accumulated while married. Additionally, debts incurred during the marriage are also generally considered marital obligations and are subject to division.
When a couple divorces, the court assumes a 50/50 split of this property, but certain factors can influence the final decision. The court includes both tangible and intangible assets in this division, meaning everything from physical property to intellectual property, such as patents or business interests, may be subject to equal division under Wisconsin law.
Factors influencing property division
While Wisconsin law starts with the presumption of an equal division, the court can consider various factors to adjust the split.
These factors might include the length of the marriage, the age and health of each spouse, contributions to the marriage (including homemaking and childcare), and each spouse’s earning capacity. In some cases, the court may award a more significant share of the property to one spouse based on these considerations.
Exceptions to the rule
Certain assets may be considered separate property and not subject to division. This includes property owned by one spouse before the marriage, inheritances, or gifts received by one spouse alone. However, if these assets were commingled with marital property, they might still be subject to division.
Understanding Wisconsin’s 50/50 rule and the factors that could influence property division is crucial when going through a divorce. Knowing what to expect can help you better prepare for the process and protect your interests.
