One of the biggest questions in divorce cases is how will the property be divided. There is a presumption in Wisconsin law that all property will be divided equally. But that’s not always the case. The factors below can affect how your property will be divided:

1. The length of the marriage
2. The property brought to the marriage by each party
3. Whether one of the parties has substantial assets not subject to division by the court
4. The contribution of each party to the marriage, giving appropriate economic value to each party’s contribution in homemaking and child care services
5. The age and physical and emotional health of the parties
6. The contribution by one party to the education, training or increased earning power of the other
7. The earning capacity of each party
8. The desirability of awarding the family home or the right to live therein for a reasonable period to the party having physical placement of the children for the greater period of time
9. Maintenance and/or family support orders
10. Other economic circumstances
11. The tax consequences to each party
12. Other relevant factors

In Wisconsin, equal division of property is true even if that property is in the name of one spouse only. However, the presumption of equal division of property, as well as debt, is subject to the particular circumstances of the married couple.

Related terms:  Marital property division.