Facing divorce forces you to look at your financial future with a clear, and often uncomfortable, lens. You need to know if the money, property and retirement accounts you worked hard to build will be cut exactly in half. Understanding when you might be entitled to more than half of the marital property can significantly impact your financial future after divorce.
Not always 50/50
Wisconsin classifies all property acquired by the couple during the marriage as marital property. This classification applies regardless of which spouse earned the money or whose name is on the legal document. Separate property only includes assets obtained before the marriage or received as a gift or inheritance from a third party.
The state’s approach to divorce and property division follows community property principles. Do not let the term “community” mislead you into assuming an automatic equal split.
The legal presumption is that all marital property must be divided equally. This 50/50 division is the starting point for every case, but the court has the authority to order an unequal division. The law recognizes that fairness sometimes requires an uneven distribution of assets.
Factors that tilt the scales
A judge can decide that an equal division is not fair after reviewing specific, legally defined factors:
- The length of the marriage: Shorter marriages sometimes result in a property division that restores each party to their financial standing before the marriage.
- Property brought to the marriage: A spouse who entered the marriage with significantly more assets may receive more than 50% of the estate, especially in a shorter marriage.
- The contribution of each party to the marriage: This includes the economic value of homemaking, childcare services and career sacrifices.
- Contribution to the other party’s earning power: Did one spouse support the other through medical school or business training? The court can compensate for this investment through asset division.
- Earning capacity and future economic circumstances: If one spouse has significantly lower earning potential, the court may award them a larger share of the assets to prevent future financial hardship.
- Prior agreements: The court considers any prenuptial or postnuptial agreement the parties signed.
The court will evaluate all circumstances of the marriage before issuing a final order. You will need to present evidence on each of these points showing that an equal division would create an unfair result for you.
Financial misconduct matters
While Wisconsin is a no-fault divorce state, one specific type of misconduct does affect property division: the intentional wasting or destruction of marital assets, often called dissipation.
Did your spouse deplete accounts, make unusual purchases or transfer property to friends or family before filing for divorce without your knowledge or consent. If you prove the dissipation, the court may award you a greater share of the remaining assets to offset your loss.
The court may consider any asset with a fair market value of $500 or more that one spouse transferred for inadequate consideration, wasted or given away within one year of filing for divorce.
How to protect your interests?
The possibility of claiming more than 50% of marital assets exists, but achieving it requires more than just arguing you deserve more. The law places the burden of proof squarely on you.
Start by gathering all financial records, such as bank statements, tax returns, pay stubs, retirement account statements and property appraisals. These will provide you a complete picture of the marital estate.
If you received an inheritance or gift, you must trace those funds to prove you kept them separate from marital funds. If you suspect financial misconduct, note any unusual transactions, large withdrawals or gifts your spouse made shortly before or during the divorce process.
Your financial future depends on a precise, evidence-based presentation of your case. Make sure your story is told accurately and persuasively to secure the financial settlement you deserve.