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 presumption that all property, whether acquired before or during the marriage is subject to 50/50 property division at the time of the divorce.

The only property that is exempt from equal property division, is property acquired by gift or an inheritance from a third party. Gifts that the parties exchange during their marriage are presumptively equal as well.

The court maintains discretion to deviate from presumed equal property division under s. 767.61, after considering all the factors listed under the statute. The two most significant that may apply in a shorter marriage, would be the length of the marriage and property brought into the marriage by either party. On a short-term marriage, one can make the argument that they should be restored their pre-marital assets and only the assets that have been acquired together during the marriage should be divided equally, or any increase in the value of those pre-marital assets also be considered in property division.

On longer term marriages, the odds of convincing the trial court to going back to restore someone the value of an asset brought into the marriage, is not particularly very good. It is important to remember that the presumption is that all property either before or during the marriage is presumptively equal.

If you have questions about property division in Wisconsin when going through a divorce, contact the experienced family lawyers at Karp & Iancu, S.C. today.