Divorce

A judge is supposed to divide marital property equally; however, a judge can divide property differently after considering the following factors:

• the length of the marriage;
• property brought to the marriage by each spouse;
• whether a spouse is separately wealthy because s/he has “substantial assets” that are considered separate property;
• the contribution of each spouse to the marriage, including homemaking and childcare services;
• the age and physical and emotional health of each spouse;
• the contribution made by either spouse to the education, training, or increased earning power of the other;
• how much each spouse has the ability to earn, which takes into consideration the following factors:
  
  • educational background;
  • training and employment skills;
  • work experience;
  • length of absence from the job market;
  • custodial responsibilities for children; and
  • if applicable, what is necessary to get the education or training needed to allow a spouse to enjoy a standard of living similar to what was enjoyed during the marriage;
• whether it’s best to give the family home to the spouse who has physical custody of the children, or perhaps to just allow the spouse to live there for a reasonable period of time;
• the amount and length of spousal maintenance and child support payments;
• other economic circumstances of each party, including pension benefits;
• the tax consequences to each party;
• any written agreement made by the parties before or during the marriage regarding property distribution; and
• any other relevant factors.¹

Note: The judge cannot consider marital misconduct when deciding how to divide property.¹

¹ Wis. Stat. § 767.61(3)