At Axley, we understand that divorce involves a wide range of important interests and decisions. From finances and property ownership to child-related matters, no matter what decisions you are facing, having a clear understanding of Wisconsin’s laws is crucial.  

As discussed in Part I of this series: Marriage in Wisconsin: What Laws Apply to Me?, when you marry in Wisconsin you are subject to the state’s laws and marital property designations.  

This continued discussion is an introduction to the laws of Wisconsin as they relate to divorce. Here is a manageable overview of Wisconsin’s default divorce and family laws. 

What is Community Property?

Wisconsin is a community property state. Under Wisconsin’s community property principles, almost all assets and debts acquired during marriage, regardless of title, are presumed equally owned by both spouses. This is referred to as marital property, and in the event of divorce, most assets and debts are split 50/50.  

What Gets Divided?

In Part I of this series, we explain that marital property includes everything from earned income to real estate, vehicles, retirement and investment accounts, business interests, and other assets gained during the marriage. This is because once you are married, spouses are financially tied together – in assets and in debt. Absent a marital property agreement, most courts will opt to follow the default presumption to divide these marital assets and debts equally in a divorce.  

Spousal Support (Maintenance) in Wisconsin

Not every divorce case will involve spousal support (known as maintenance). A person must request it based on their situation and needs. The court will evaluate whether that person is an appropriate candidate using factors such as:  

  • length of the marriage,  
  • education and earning capacity of each person,  
  • age and health of each person,  
  • division of marital property, and  
  • other relevant economic circumstances.  

Depending on the circumstances, maintenance can be ordered or agreed to for a fixed length of time or indefinitely. For example, the court is more likely to award long-term support in longer length marriages, especially where one spouse was a homemaker and did not pursue further education or a career.  

Child Support Guidelines

Child support in Wisconsin is calculated based on a percentage of the paying parent’s gross income and the number of children: 

  • 17% for one child 
  • 25% for two children 
  • 29% for three children 
  • 31% for four children 
  • 34% for five or more children. 

Adjustments may be made if parents share placement, have significantly higher expenses related to the child’s care, or other special circumstances (low-income or high-income earner) that the court should consider.  

Legal Custody and Physical Placement

In divorces involving children, custody and placement are often the most difficult and emotionally charged issues. Wisconsin, like majority of states, prioritizes the best interests of the child when making decisions.  

  • Legal custody refers the right to make major decisions about the child’s life (e.g., education, healthcare, religion). 
  • Physical placement refers to the schedule of where the child lives and spends time. 

There is a default presumption in Wisconsin that joint legal custody is in the best interest of the child, unless there is evidence of abuse or other concerns. Physical placement is usually shared, but not always equal. If parents cannot agree on joint custody and a physical placement schedule, the court will consider factors such as: 

  • the wishes of the parents and the child,  
  • the cooperation and communication between the parents, 
  • the child’s relationship with each parent,  
  • school, religious, and community ties, and  
  • the ability of each parent to support the child’s needs. 

Final Thoughts

In every situation, marriage and divorce involve extremely important aspects of each person’s life. Knowing your rights and responsibilities will help you make informed decisions.  

Whether you’re considering marriage or starting the divorce process, our experienced family law team is here to help you understand your rights and protect your future.