Wisconsin Property Division Calculator

Wisconsin courts presume an equal 50/50 division of all marital property under Wisconsin Statutes § 767.61. The court may deviate from equal division after considering statutory factors such as marriage length, each spouse's contributions, earning capacity, and age or health. Wisconsin adopted the Uniform Marital Property Act in 1986, making it one of only nine community property states.

Marital property in Wisconsin includes virtually all assets acquired by either spouse after the determination date—the marriage date or January 1, 1986, whichever is later—under Wisconsin Statutes Chapter 766. This applies regardless of whose name appears on the title. Individual (separate) property includes assets owned before marriage and gifts or inheritances received from third parties, provided they are not commingled with marital assets.

Wisconsin is a community property state—one of only nine in the U.S.—having adopted the Uniform Marital Property Act (UMPA) in 1986 under Chapter 766. Property division in divorce is governed separately by § 767.61, which begins with a presumption of equal division but allows courts to deviate based on statutory factors. This makes Wisconsin's system functionally community property with judicial discretion for unequal splits.

Wisconsin courts treat retirement accounts—including 401(k) plans, pensions, and WRS benefits—as marital property subject to equal division under § 767.61. Division of qualified plans requires a Qualified Domestic Relations Order (QDRO), which allows tax-free transfer to the non-employee spouse. IRAs do not require a QDRO and are divided through a transfer incident to divorce. Even unvested pensions must be valued and divided per Derleth v. Cordova (2013 WI App 142).

The marital home is marital property subject to Wisconsin's 50/50 presumption under § 767.61. Common outcomes include selling the home and splitting proceeds equally, one spouse buying out the other's equity through refinancing, or offsetting the home's value against other marital assets like retirement accounts. The parent with primary placement may retain the home for children's stability, but must independently qualify for the mortgage.

Inheritances are classified as individual (separate) property under Wisconsin Statutes § 766.31 and are generally not subject to the 50/50 marital property presumption. However, if you commingle inherited assets with marital property—such as depositing inheritance funds into a joint bank account—the inheritance may lose its individual character. The court may also divide inherited property in cases of hardship under § 767.61(3).

Wisconsin law presumes that debts incurred by either spouse during the marriage were incurred in the interest of the marriage or family, making them marital obligations subject to the 50/50 division presumption under § 767.61. Courts generally order marital debts paid from marital property, but may assign individual property for debt repayment depending on circumstances. Both spouses remain liable to creditors for joint debts regardless of how the divorce judgment allocates responsibility.

Under § 767.61(3), Wisconsin courts consider: length of the marriage, property brought to the marriage by each party, whether one party holds substantial non-divisible assets, each party's contribution to the marriage including homemaking, age and physical health of each party, each spouse's earning capacity, and any marital property agreements. Courts must consider all statutory factors before deviating from equal division, per LeMere v. LeMere (2003 WI 67).