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Wisconsin WI AI draft

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Distribution Type
Community Property
Statutory Split
50 / 50
Income Adjustment
None

Methodology

Community property — equal division (Marital Property Act)

Wisconsin is a community property state operating under the Marital Property Act. On divorce, Wis. Stat. §767.61(3) presumes that all property not excluded under §767.61(2) is to be divided equally between the parties, but the court may alter that division — without regard to marital misconduct — after weighing thirteen statutory factors, §767.61(3)(a)-(m). Property acquired by gift or inheritance (or with such funds) is excluded from division unless refusing to divide it would create a hardship, in which case the court may divide it in a fair and equitable manner (§767.61(2)).

Division Factors

The following factors are commonly evaluated under Wisconsin law:

  1. Statutory presumption that all property not excluded under §767.61(2)(a) is divided equally between the parties; the court may alter the distribution without regard to marital misconduct after considering the (3)(a)-(m) factors (Wis. Stat. §767.61(3))
  2. Excluded from division: property acquired by gift, by reason of another's death (bequest/inheritance, payable-on-death or transfer-on-death arrangements, right of survivorship, trust distribution, employee benefit plan, IRA), or with funds so acquired — unless refusal to divide creates hardship, in which case the court may divest in a fair and equitable manner (§767.61(2)(a)-(b))
  3. Length of the marriage (§767.61(3)(a))
  4. Property brought to the marriage by each party (§767.61(3)(b))
  5. Whether one of the parties has substantial assets not subject to division by the court (§767.61(3)(c))
  6. Contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services (§767.61(3)(d))
  7. Age and physical and emotional health of the parties (§767.61(3)(e))
  8. Contribution by one party to the education, training or increased earning power of the other (§767.61(3)(f))
  9. Earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training (§767.61(3)(g))
  10. Desirability of awarding the family home, or the right to live therein for a reasonable period, to the party having physical placement for the greater period of time (§767.61(3)(h))
  11. Amount and duration of maintenance and family-support orders, and whether the property division is in lieu of such payments (§767.61(3)(i))
  12. Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests (§767.61(3)(j))
  13. Tax consequences to each party (§767.61(3)(k))
  14. Any written agreement made by the parties before or during the marriage concerning property distribution — binding on the court unless its terms are inequitable as to either party (§767.61(3)(L))
  15. Such other factors as the court may in each individual case determine to be relevant (§767.61(3)(m))

Statute / Authority

Citation: Wis. Stat. §767.61 ↗

Source: https://docs.legis.wisconsin.gov/statutes/statutes

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Citation
Wis. Stat. §767.61
Source URL
https://docs.legis.wisconsin.gov/statutes/statutes
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Reference Library

Wisconsin Community Property

Wisconsin operates under the Marital Property Act, with Wis. Stat. §767.61 governing division in divorce. Wisconsin adopted community property principles through the Act, and §767.61(3) presumes an equal division of all property not statutorily excluded. The presumption is not limited to "extraordinary circumstances": the court may alter the equal division, without regard to marital misconduct, after weighing thirteen factors — the length of the marriage; property brought to the marriage; whether a party has substantial non-divisible assets; each party's contribution (with homemaking and child care given economic value); age and health; contribution to the other's earning power; earning capacity; the desirability of awarding the family home to the parent with greater placement; the maintenance/family-support interplay; other economic circumstances including pensions; tax consequences; any written property agreement; and a catch-all. Gift and inherited property is excluded from division unless refusing to divide would create a hardship.

Citation: Wis. Stat. §767.61

Source: https://docs.legis.wisconsin.gov/statutes/statutes

Last updated: 2026-07-23T00:37:19.859095

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