What Women Should Know About Divorce in Wisconsin

Women going through a divorce should know what they are entitled to throughout the process to protect their rights. Here is what women need to know about divorce in Wisconsin.

Wisconsin is a community property state, meaning a court divides all marital property and assets 50/50 in case of a divorce, legal separation, or annulment. Wisconsin may exclude property gifted to an individual spouse from the 50/50 division.

What Property are Wives Entitled to in a Wisconsin Divorce?

For divorce cases in Wisconsin, a court divides marital property equally between the divorcing parties. The court will divide both assets and debts equally; however, some assets do not get split because they are non-marital property. Examples include assets given as a gift to an individual spouse or property one person inherited. Wisconsin courts favor the equal distribution of marital assets.

Related: Types of Divorce: What Are My Divorce Options?

To make this distribution, the courts look at property division factors:

  • The length of the marriage,
  • The property each spouse brought into the marriage,
  • Each spouse’s age and physical and emotional health,
  • Each spouse’s contributions to the marriage,
  • Substantial assets not subject to court-ordered division (non-marital property), and

Each spouse’s earning capacity (based on education, skills, job history, and local employment opportunities).

Separate property, or non-marital property, is exempt from equal property division in divorces. The only property exempt from equal property division is property acquired as a gift or an inheritance from a third party.

Negotiating for the Best Distribution of Assets During a Divorce for Wives in Wisconsin

It is worthwhile for wives to hire a knowledgeable divorce attorney and negotiate the distribution of assets with their spouse before a Wisconsin court decides the issue. Going through and thoughtfully organizing all of the assets acquired during marriage may prevent an undesired or unfair distribution of assets. Of course, Wisconsin courts will always strive to split the marital assets 50/50, but wives should create an agreement protecting their rights and interests in the case.

Related: Contested and Uncontested Divorce: The Difference

FAQs About What Is a Wife Entitled to In a Wisconsin Divorce?

How long must my marriage last to get half of all assets in Wisconsin?

A marriage of any duration will split up marital assets 50/50 in a divorce. In a short-term marriage (less than five years) a spouse can argue assets from before the marriage are not marital assets and therefore are not subject to court division. Every case depends on many factors, and the length of the marriage is only one part the court considers.

Can a prenuptial agreement protect my assets in Wisconsin?

Spouses usually create prenuptial agreements with the intent to protect one’s assets because it outlines how to divide property in the event of a divorce. Unfortunately, prenuptials are not indestructible and can sometimes become ineffective.

How long does a divorce case take in Wisconsin?

The length of a divorce case depends on many factors, most significantly the type and number of contested issues and the court’s calendar. However, the parties of divorce must wait 120 days after filing the divorce for the Wisconsin court to enter the judgment.

What happens in a contested divorce in Wisconsin?

In a contested divorce, a judge will consider the requests of both parties involved and make decisions on property, child custody, support, and other issues. Contested divorces are more lengthy than uncontested divorces, given the disagreements involved.

Contact Us

If you or a loved one would like to learn more about Wife Entitled Wisconsin Divorce, get your free consultation with one of our Divorce Attorneys for Women in Wisconsin today!