Stillings & Buchinger, LLC

Wisconsin Community Property Law

Neenah - Menasha - Appleton - Fond du Lac - Eastern Wisconsin

Essentially Community Property State

Wisconsin is referred to as being "essentially a community property state" because there are exceptions to the typical community property rules.

The entire theory of community property law cannot be discussed here, but it is worth mentioning a few of the major differences.

Where a community property state will recognize a marriage after the mere passage of time, Wisconsin does not. In order to be married in the state of Wisconsin, a license must be obtained from the clerk of the court and an authorized officiate must perform the ceremony.

Likewise, in order to be legally divorced in the state of Wisconsin, one or both parties must apply for a divorce. That application is called a petition for divorce. In the petition, the spouses ask for a legal separation, temporary orders regarding the marital property and custody of the children , as well as a temporary support order.

Another important notation regards the division of property. While Wisconsin courts seek to equally divide property, that does not mean that each piece of property is split in half. Rather, the entire marital estate is divided. The marital property settlement agreement details the division. It may seem unequal, but the courts view deferred income in present dollars. Insurance benefits, deferred compensation plans and other future income are taken into account.

You may want to read about divorce in Wisconsin or Wisconsin marital property law or divorce law.