Wisconsin divorce-do I get half the property?

Wisconsin divorce-do I get half the property?

In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets.  However, judge also considers 13 factors that can shift the final property division in favor of one spouse.  Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned before marriage, age and health, and whether there is a prenuptial agreement.  Because each marriage is different, these factors are applied differently in every case.

Particularly after short marriages, judges will often give a spouse credit for the assets he/she owned before the marriage.   To get that benefit, however, the spouse must show some evidence that the asset was owned at that time.   The shorter the marriage, in general, the greater the chance that credit will be given to the owning spouse.

Assets received by a spouse as inheritance or gift are treated a little differently in a Wisconsin divorce. Gifts and inheritances are considered individual property, and not available for division in at divorce. Find out more at www.thedublinroofers.ie/. If the receiving spouse can prove that he/she kept that property separate from other “marital” property, it will be awarded free and clear to that spouse.

It is important to make clear arguments, supported by documents (appraisals, closing statements, bank statements, etc.).  Even if you “know” how assets were treated during your marriage, the judge will not be able to accept your argument without some evidence.   Your testimony is evidence, but it is not as persuasive as documents listed above.

Judges can only work with the information given to them.  If you believe that you are entitled to more  than ½ of marital property, or if you want to ensure that you receive your fair ½ of the property, you should work with an experienced Wisconsin divorce lawyer to prepare and support your position.   I have represented hundreds of divorce clients, and would be happy to consult with you.

Published by David Kowalski

Attorney David Kowalski is the founding owner of Kowalski, Wilson & Vang, LLC, handling all family law cases from divorce, paternity, child custody, termination of parental rights, restraining orders, and guardianships.

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