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How Are Assets Divided in Wisconsin Divorces?

Arguably one of the most important aspects of any Wisconsin divorce is the division of your property and assets. Spouses often find themselves at odds with one another over who will retain which possessions, who is responsible for certain debts, and how other assets should be divided. 

What’s more, the laws for this process vary state by state, so someone who has never been married, divorced, or lived in Wisconsin before may have no idea what this process looks like in the Badger State. Read on to learn more about what you can expect to happen with your assets and debts in your Wisconsin divorce. 

Living in a Community Property State

When you are getting divorce in Wisconsin, your property, assets, and debts will need to be divided. Due to the fact that Wisconsin is a community property state, all marital property will be divided 50/50, or equally. 

Some of the different items that may be included in this division include real estate, household belongings, pensions, cash and savings account balances, credit card debt, stocks, mutual funds, motor vehicles, and other items that were purchased or acquired for the benefit of the marriage. 

There are several factors that could impact how these assets are divided in your divorce, though. Factors like the duration of your marriage, whether one spouse helped to further the other’s career, your child custody and support arrangements, both spouses’ physical and emotional well-being, and both spouses’ income and expenses can influence how your property and debts are distributed in your Wisconsin divorce. 

Separate vs. Marital Property in a Divorce

Despite the fact that Wisconsin is a community property state, this only applies to the items that are considered to be marital property, as described above. Separate property or assets, debts, and property that you brought into the marriage should remain yours in the event of a divorce. Items that might be considered separate property could include:

  • An inheritance

  • Real estate 

  • Motor vehicles

  • Jewelry and gifts provided to one spouse

  • Certain electronics, such as personal computers and cell phones

  • Items not purchased for the benefit of the marriage

  • Personal injury awards

If you and your spouse have entered into a prenuptial or postnuptial agreement, the division of your property, debts, and assets should not come into question again, as these details will have already been decided. 

The same goes for cases of legal separation. If you were previously in a legal separation and have chosen to move forward with a divorce, you should have already discussed who will get what in the divorce. 

Get in Touch with a Wisconsin Divorce Lawyer

For more information on how your marital property, debts, and assets will be divided when your marriage ends, reach out to an experienced Milwaukee family law attorney at Karp & Iancu, S.C. We can be reached by phone at 414-453-0800 or via our website when you are ready to schedule your no-cost, no-obligation consultation. 


About the Author:

Karp & Iancu, S.C.


Your case deserves reliable legal representation from experienced attorneys who are committed to achieving your goals. At Karp & Iancu, S.C., our family law and personal injury lawyers are always going to work to provide you and your family the highest level of legal service. As family law litigators in Milwaukee, we have the experience, commitment, and knowledge to help you with any family law issue.... View full business profile here: Karp & Iancu, S.C.





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