Wisconsin Property Division Laws
Property will be divided in a Wisconsin divorce or separation. Wisconsin is a community property state, so all martial property gets divided 50/50. The court first lets parties divide assets on their own, and if they cannot agree, then the court steps in and decides for them.
Dividing Property in Divorce
Property division happens in all divorces. The more assets there are the more complex the division process can be. If parties had a prenuptial agreement created before the marriage, it can make the division process easier.
Assets in a Divorce
Property division is part of a divorce or other similar case like legal separation. Most assets are marital property and get split evenly between the divorcing parties. Some assets are non-marital property and are not divided between the parties.
Prenuptial Agreements
Prenuptial agreements outline how property is divided in the event of a divorce or separation. Prenups usually protect assets from before the marriage, but they can cover future assets as well. Some things like child custody cannot be included in a prenup.
The Process of Property Division in Divorce
The process of property division happens within a divorce case. Below is a general outline of how most cases that involve property division look. For more in-depth information on the process, visit our page outlining what it looks like to work with us from start to finish.
Step 1
Filing
When you file your case, be sure to use the correct paperwork. There are different documents needed depending on the specifics of your case.
Step 2
Temporary Orders
Temporary orders outline how property division will look during the divorce case such as who continues to live in the house and who has access to accounts. Temporary orders also look at things like custody and alimony.
Step 3
Mediation
In court-ordered mediation, a third-party mediator works with both parties to try to find a compromise on each of the divorce issues. The goal is to reach an agreement on how all assets and property get split.
Step 4
Pretrial Conference
The conference prepares the judge for the trial, or the case can end here if the parties have all issues settled.
Step 5
Final Negotiations
In the time before the trial date, there is one more chance to negotiate a settlement. Many cases that have not yet settled settle here because a trial is expensive. However, when the other party is unwilling to see reason, a trial can be necessary.
Step 6
Trial and Finalization
In the trial, the court decides to split any assets the parties have not agreed on yet. Each side makes their case for how the final order should be.
After the trial, the judge makes their decisions and lays out the final orders.
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Key Components
Property division is complex because there are many aspects to it, and it happens alongside the other divorce issues such as child custody, child support, and alimony.
Below are links to more information on those aspects and issues that impact property division. For case specific advice, talk to an attorney from Sterling Lawyers.
Property Division
How property is divided is one of the most important and contentious sections of a divorce. You divide everything from the marital home to retirement accounts to student loans.
How the Court Decides
When parties cannot agree on who gets what after the divorce, the court makes the decision for them. Because of Wisconsin’s laws, the court splits things down the middle to the best of their ability.
That even split comes from Wisconsin's equal-division presumption, which is a different legal rule than the community property system people often confuse it with. If you have seen Wisconsin called a “community property state,” community property vs. equitable distribution explains which framework actually governs your divorce.
What Gets Split
There are two kinds of property in Wisconsin, marital property and non-marital property. Marital property is the stuff that both spouses own, so it gets split between them. Non-marital property includes the assets that don’t get split like inheritances.
Key Assets
Some key assets you may want more information on include:
How to Decide Who Gets What
Actually deciding how to outline who gets what is difficult. Division is hard not only because each person will value things differently but also because there are a lot of things to divide. One tool that can help with this is the property division worksheet we have for you to download.
What Can Shift the Split
A down-the-middle division is the starting point, not a guarantee. A judge can move off an even split based on things like the length of the marriage, each spouse's contributions, their earning capacity, and any prior agreements between them. The full list of property division factors courts consider shows what can pull a Wisconsin case away from a straight 50/50 result.
Calculating Alimony
Wisconsin law doesn’t have a set equation to calculate alimony. So, our alimony calculator estimates using equations used by attorneys. For a personal estimate that takes all the factors of your situation into account you will need to speak with a Sterling Lawyers attorney.
Types of Alimony
There are four key types of alimony that can be ordered: temporary, permanent, reimbursement, and lump sum alimony. Something like lump sum alimony especially can impact property division.
Alimony
Alimony, also called spousal support or maintenance, is when one party financially supports the other.
Divorce
Property division happens within a divorce, so general divorce information is also something important to understand.
Divorce Types
What type of divorce you get will depend on how well you get along with the other party. If you agree on everything with the other party, it can be an uncontested divorce. If you are able to work with the other party, you can get a mediated divorce. And if you and the other party do not get along, you will want a contested divorce.
How Long a Divorce Takes
The length of a divorce mostly depends on how easily you and the other party can agree on things. Most divorces take six months to a year, but they can go longer.
How Custody Works
The Wisconsin child custody laws outline how the court determines child custody. Custody is the parents’ ability to make major decisions in the child’s life. The court assumes that both parents will share custody unless one parent is a danger to the child.
Child Support
One parent pays child support when there is an imbalance in income or in placement time. Child support is meant to support the child and create positive living situations with both parents. How much child support a party pays can be calculated using our child support calculator.
Child Custody
Whether there is one child or five, it’s rarely easy to figure out child custody and placement and child support. Parents first try to find a compromise together. If the parents can't agree, the court decides based on the child's best interests.
Frequently Asked Questions
What are the steps in the process of property division?
The first step in property division in divorce is to identify all the assets. Then, make sure you identify what is marital property and what is separate property. Third, determining market value often requires neutral third parties through appraisals and expert valuations for assets like real estate, businesses, or specialized holdings. Finally, decide who gets what and distribute the assets.
What are marital property rights in Wisconsin?
Marital property laws in Wisconsin say that any marital assets get split 50/50 in a divorce. Most assets are marital property especially if they were acquired or used during the marriage.What happens to joint owned house in divorce?
A joint owned house (also called the marital home) is a marital asset and will get split in the divorce. How exactly that looks will depend on the specifics of the case. If one party wants the house, they might get to keep it in exchange for letting the other party keep something they want like all the retirement accounts.How is 401k divided in divorce in Wisconsin?
Retirement accounts are divided in Wisconsin divorces. It could end up that each party takes different accounts or that one account is split in two.How is a business valued in a Wisconsin divorce?
A business built or grown during the marriage is marital property, so it has to be valued before it can be divided. Experts use the income, market, and asset approaches, and Wisconsin treats salable goodwill, including transferable personal goodwill, as divisible. Our guide on business valuation in divorce walks through the methods and how the number affects your settlement.
How long do you have to be married to get half of everything in Wisconsin?
There is not a set amount of time that lets you get half of everything. In short-term marriages of a couple of years or less, the court may be more willing to allow parties to keep more of their premarital assets. But anything that was bought during the marriage will be a marital asset and split 50/50.How do you split your marital property?
Because Wisconsin is a community property state, marital property is split evenly between parties. Evenly means what one party is taking should be roughly equivalent in value to what the other party gets. Do this methodically using a property division worksheet.What assets cannot be split in a divorce?
Inheritances, premarital assets, and post-separation assets are not marital property. This means that they are not split in the property division process because they are owned only by one party. However, non-marital property can become commingled, making an asset marital property. Keeping that from happening comes down to tracing the asset back to its separate source, which is what proves it should stay out of the division.
What is a QDRO in a Wisconsin divorce?
A QDRO, or Qualified Domestic Relations Order, is the court order that lets a retirement plan divide an account and pay part of it to the other spouse. Most employer plans, like 401(k)s and pensions, can't be split without one. Our guide on what a QDRO is and how it works walks through which accounts need one and why it matters.