System
Equitable Distribution
Division Standard
Judge decides what's fair
Governing Law

What the Law Says

Wyoming courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Wyoming's §20-2-114(a) directs a disposition of the parties' property that “appears just and equitable,” having regard for four statutory considerations: the respective merits of the parties; the condition in which each will be left by the divorce; the party through whom the property was acquired; and the burdens imposed upon the property for the benefit of either party and children. There is no presumption of equal division. §20-2-114(b) additionally shields a veteran's federal disability benefits from being considered, offset, or indemnified in the division.

Division Factors (Wyo. Stat. §20-2-114)

What Wyoming courts weigh:

  1. Respective merits of the parties (§20-2-114(a))
  2. Condition in which each party will be left by the divorce (§20-2-114(a))
  3. Party through whom the property was acquired (§20-2-114(a))
  4. Burdens imposed upon the property for the benefit of either party and children (§20-2-114(a))
  5. A veteran's federal disability benefits may not be considered, used as an offset, or indemnified in dividing marital property (§20-2-114(b))

Common Questions

Wyoming: community property or equitable distribution?

Equitable distribution. Under Wyo. Stat. §20-2-114, the court divides marital property based on what is fair in the circumstances — there is no fixed or presumed percentage split.

What factors does a Wyoming court weigh?

The factors Wyoming courts weigh include: Respective merits of the parties (§20-2-114(a)); Condition in which each party will be left by the divorce (§20-2-114(a)); Party through whom the property was acquired (§20-2-114(a)). The full list, with its source (Wyo. Stat. §20-2-114), is above.

Does Wyoming split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Wyoming's equitable distribution rules on your actual assets and debts.

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Source: Wyo. Stat. §20-2-114 AI draft · Full law library entry