At Gaworek Law Office, we understand that property division during a divorce can be complex and emotionally challenging. Wisconsin law presumes that all property of spouses is marital property, subject to equitable division, except in specific circumstances. Our experienced legal team is here to guide you through the process and ensure a fair outcome.

General Provisions

  • Marital Property Presumption:
    All property acquired during the marriage is presumed to be marital property unless acquired by gift, inheritance, or through a marital agreement as individual property.

  • Individual Property:
    Individual property is not subject to division unless dividing it is necessary to prevent hardship for the other spouse or the children of the marriage.

  • Equal Division:
    The court presumes an equal division of marital property. However, the court may alter this distribution after considering statutory factors, such as the length of the marriage, contributions to the marriage, earning capacity, and the needs of the parties.

Factors Influencing Property Division

Under Wis. Stat. § 767.61(3), the court evaluates the following factors:

  1. Length of the marriage.
  2. Property brought into the marriage by each party.
  3. Substantial assets held by one party outside the marital estate.
  4. Contributions of each party, including homemaking and childcare.
  5. Age, physical, and emotional health of the parties.
  6. Contributions to education or increased earning capacity of the other spouse.
  7. Earning capacity, including job skills, education, and time needed to become self-supporting.
  8. Desirability of awarding the family home to the custodial parent.
  9. Maintenance or family support orders.
  10. Other economic circumstances, such as pensions and tax consequences.
  11. Valid agreements regarding property division, unless inequitable.
  12. Any other relevant factors.

Special Considerations in Property Division

  • Time of Division:
    Assets are divided based on their value at the time of divorce, not at separation. This includes the division of unvested assets like stock options.

  • Property Brought to Marriage:
    While the source of assets is considered, it does not exempt them entirely from division.

  • Marital Waste:
    The court may adjust for destruction or waste of marital assets by one party but does not penalize failure to increase the marital estate's value.

  • Gifts and Inheritance:
    Gifts or inheritances may become marital property depending on intent and circumstances. Gifts between spouses are presumed marital property.

  • Appreciated Value of Separate Property:
    If separate property appreciates due to marital efforts, it may become part of the marital estate.

Prenuptial and Postnuptial Agreements

Wisconsin allows couples to establish property division terms through agreements. However, the court reviews such agreements to ensure they are:

  1. Entered into voluntarily.
  2. Based on full financial disclosure.
  3. Fair and equitable at execution and at divorce.

Agreements failing these criteria may be invalidated.

Other Complex Issues in Property Division

  • Pension and Retirement Plans:
    Certain governmental pensions may not be divided directly but can be included in the equitable division of the marital estate.

  • Unequal Debt Division:
    Courts may assign debt unequally if one spouse is solely responsible for business or personal liabilities, such as unpaid taxes.

Why Gaworek Law Office?

Our experienced attorneys at Gaworek Law Office are skilled in navigating the nuances of Wisconsin property division laws. We provide personalized legal counsel tailored to your unique circumstances, ensuring your rights and interests are protected throughout the divorce process.

Contact Us Today
For compassionate and effective legal support in property division, call (920) 857-9211 to schedule a consultation. Let us help you secure the fair outcome you deserve.