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Distribution Type
Community Property
Default Split
50 / 50
Income Adjustment
None

Methodology

Community property — equal division (Marital Property Act)

Wisconsin is a community property state operating under the Marital Property Act. All property acquired during the marriage is marital property owned equally, and courts must divide it equally upon divorce absent extraordinary circumstances.

Statutory Factors

The following factors are commonly evaluated under Wisconsin law:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules

Statute Reference

Citation: Wis. Stat. §767.61

Source: https://docs.legis.wisconsin.gov/statutes/statutes

Source & verification AI draft
Citation
Wis. Stat. §767.61
Source URL
https://docs.legis.wisconsin.gov/statutes/statutes
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Reference Library

Wisconsin Community Property

Wisconsin operates under the Marital Property Act, with Wis. Stat. §767.61 governing division in divorce. Wisconsin is the only non-contiguous community property state, having adopted community property principles through its Marital Property Act. Courts are directed to divide all marital property equally, with deviations permitted only when equal division would be inequitable based on length of marriage, property brought to marriage, or similar factors.

Citation: Wis. Stat. §767.61

Source: https://docs.legis.wisconsin.gov/statutes/statutes

Last updated: 2026-05-19T01:39:54.008269