In Wisconsin, when an engagement is broken, the engagement ring is considered a conditional gift and must be returned to the person who gave it. The gift is conditioned on the marriage taking place, so if the wedding does not occur, the condition is not met. This rule generally applies regardless of who broke off…
Property, Debt, & Finances
Articles categorized by what phase of divorce you're currently experiencing:
Articles categorized by topic and areas of your life most affected by a divorce:
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Can You Buy A House In The Middle Of A Divorce?
Short Answer Yes, you can buy a house in the middle of a divorce, but it is usually complex. Because you are still legally married until the divorce is final, the new home may be considered marital property and subject to division. In many cases, you will need your spouse’s written consent or a court-approved…
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Who gets the Diamond Ring?
When getting a divorce, who gets to keep the diamond ring? When a couple are engaged and do not get married, in Wisconsin, the law dictates that the ring gets returned to the person who bought it, irrespective of who broke off the engagement. The ring must be returned. What happens to the diamond ring…
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What is a Vocational Examination?
Many times in divorce cases, we recommend that clients undergo a vocational examination, or the opposing counsel may request that a party submit to an independent vocational examination. What is a vocational examination, and what purpose does it serve? A vocational examination is a process in which a professional trained and experienced in employment matters…
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Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open
When Is It Right to Waive Maintenance? Short answer: It depends on your length of marriage, age, health, income disparity, and ability to support yourself long-term. Table of Contents When Is It Right to Waive Maintenance? How Long Do Terms of Maintenance Last? Waived vs. Held Open Maintenance Two Things to Remember Before You Make…
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What Is CS in Divorce?
Child support, custody, and spousal maintenance (alimony) are some of the most emotional aspects of a divorce. Child support, often abbreviated as “CS,” refers to the financial payments made by one parent to the other to help cover a child’s living expenses. Here’s a closer look at how these matters are determined in Wisconsin and…
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How Do I Protect Myself Before Divorce?
Preparing for divorce isn’t just about filing papers; it’s about protecting your finances, understanding the emotional toll, and making sure you have the right legal support. Getting informed early helps you make decisions that safeguard your assets and set you up for a smoother transition. Here’s what you need to do to protect yourself before,…
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What Money Cannot Be Touched in a Divorce?
Understanding what money and assets are protected in a divorce is critical if you want to avoid losing property that may be legally exempt from division. This article breaks down what money and property cannot be touched in a divorce, how those protections can be lost, and what steps you can take to help protect…
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Child Support: How Do You Calculate Income?
When computing child support, what should you be looking at? Should you be looking at current income, last year’s income, year to date income, or some combination of all the above? What is the most accurate portrayal of a person’s income for purposes of calculating child support? Where to Start When Calculating Income For Child Support…
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What happens when QDRO fees are not paid.
It is a frequent problem when completing a divorce case, that where there are retirement benefits to divide, one of the parties fails to pay their portion of the drafting fees, and the QDROs do not get completed. Completing the QDROs (qualified domestic relations orders) is essential for the protection of the non-employee spouse, to…
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Can My Lawyer Drop My Case If I Don’t Pay?
TL;DR Summary for Can My Lawyer Drop My Case If I Don’t Pay? Non-payment consequences: If you stop paying your divorce lawyer, they can legally drop your case. Reasons for dropping a client: Lawyers have bills to pay and cannot continue working without compensation. Legal process for withdrawal: Lawyers must notify you in advance, provide…
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Family Support- What is it?
Family support is a hybrid of child support and maintenance. Under prior tax laws, it allowed the person who is paying the support payments to deduct them from their taxes, assuming all of the previous requirements of sec. IRC 71 and 215 were met, and required the payee-recipient to report the payments as taxable income….
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When do “variable costs” apply in Wisconsin?
TL;DR Summary for When do “variable costs” apply in Wisconsin? What are variable costs?: These are reasonable costs above basic child support, including expenses for child care, tuition, special needs, and other substantial activities. When do variable costs apply?: They apply when parents have split or shared physical placement of the child. How are variable…
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Failure to File a Financial Disclosure Statement in Wisconsin
You are involved in a divorce, and your spouse has decided to go at it alone without a lawyer. While they have a right to do that, they also at the same time, must comply with the laws and procedures under the family code, chapter 767 of the Wisconsin Statutes. One of those requirements is…
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What Significance Is The New Spouse’s Income To Support Obligations?
After a divorce, can a new spouse’s income be considered for purposes of child support or maintenance payments? The answer under Wisconsin law is no. A new spouse is not obligated to pay support for children that are not theirs, nor are they obligated to support the ex-spouse by making maintenance payments. The new spouse’s income…
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When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has explained exactly how you go about receiving child support. How do you go about receiving child support? How is the amount determined? When does it start? Does your spouse pay it to you or the employer?…
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Financial Disclosure Statements in an Uncontested Divorce
Can You Finalize an Uncontested Divorce Without Financial Disclosure? No. In Wisconsin, you generally cannot finalize a divorce without financial disclosure. Under Wisconsin Statute § 767.127, each party must file a Financial Disclosure Statement (Form FA-4139 V) listing all income, assets, debts, and liabilities—even in uncontested divorces. If you fail to disclose fully or promptly,…
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Paying Maintenance Arrears in Wisconsin
Spousal Support Enforcement Wisconsin This article was originally written by attorney David Karp and published on wisbar.org (link). Enforcing Unpaid Spousal Support (Maintenance Arrears) in Wisconsin If your ex-spouse fails to pay court-ordered maintenance (spousal support), you can take legal action to enforce payment in Wisconsin. Potential remedies include: Filing a contempt motion — the…
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Maintenance; How long in Wisconsin?
One of the issues that creeps up when dealing with a maintenance issue (spousal support), is the question of how long should the term of maintenance be. What are the options when it comes to spousal support? 1. HOLD OPEN. A “hold open” means a person is reserving the right to go back into court…
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Is Wisconsin a 50/50 state for divorce?
It is surprising that most people don’t know the answer to this question. We are frequently asked this question and the answer is yes. Wisconsin, since 1977, has been a marital property law state when it comes to a family getting a divorce or legal separation in Wisconsin. This means that there is a legal…
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