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Bucher Law Group, LLC

Division of Marital Property in Wisconsin After Divorce

Posted on in Divorce/Family Law

Waukesha, WI Divorce Attorney

One of the first questions that typically crosses your mind when you begin the divorce process is, “Who gets what?” During your marriage, you and your spouse likely acquired a lot of assets and debts, which all must be divided before you can finalize your divorce

Wisconsin courts allow you and your spouse to reach a mutual agreement about property division, either by negotiation through your respective attorneys or through a divorce mediator. If you cannot reach an agreement together for your divorce decree, a judge will intervene and base decisions on state laws and consideration of a number of factors.

How Property is Divided in Divorce

According to Wisconsin divorce law, the only property that is not subject to division is property acquired before the marriage or that:

  • Was a gift from an individual related to or known by one of the spouses;
  • Came from inheritance after the death of an individual; or
  • Was purchased with funds from one of the aforementioned assets.

Property Division Order Factors

The state of Wisconsin follows a community property division principle. This means the marital property will be divided equally between the two spouses, taking into consideration a number of factors, including:

  • The length of the marriage;
  • Which property was brought into the marriage by each party;
  • The assets of each spouse not subject to division;
  • The contribution of each party to the marriage, including those related to homemaking and child rearing;
  • The age and health of each person;
  • The earning capacity of each party;
  • The tax consequences of each party; and
  • Any other factor deemed relevant by the court.

Contact a Waukesha County Divorce Lawyer 

Divorce is stressful and requires you to make decisions about many aspects of your life. It is always best if you and your spouse can come to an agreement on your own, but sometimes that is not possible. At the Bucher Law Group, LLC, we understand how difficult it can be to divide up your marital property. Our experienced Delafield divorce attorneys can help you determine what is an equal division under Wisconsin law and make sure you get your fair share of marital assets. Call our office today at 262-303-4916 to set up a free consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/767/VII/61

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