Property Division

One of the most asked questions in divorce is how will the property be divided. There is a presumption in Wisconsin law that all property will be divided equally. However, the following factors can affect this presumption:

(a) The length of the marriage
(b) The property brought to the marriage by each party
(c) Whether one of the parties has substantial assets not subject to division by the court.
(d) The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services
(e) The age and physical and emotional health of the parties
(f) The contribution by one party to the education, training or increased earning power of the other
(g) The earning capacity of each party
(h) The 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.
(i) Maintenance and/or family support orders
(j) Other economic circumstances
(k) The tax consequences to each party
(l) Other relevant factors

Equal division is true even if the property is in the name of one spouse only. However, the presumption of equal division of property as well as debts is subject to the particular circumstances of the married couple. One important factor in how your property will be divided is the skill and experience of your attorney. I have helped many reach their goals in divorce and am eager to serve you.

Contact my law firm in Milwaukee by e-mail, or at 1-414-272-5564, or toll-free at 1-800-779-5280.