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Legal Information: Wisconsin

Divorce

Laws current as of June 10, 2024

How will a judge decide what is separate property and what is marital property?

Separate property is any property obtained before or during the marriage that was:

  • a gift from anyone other than your spouse;
  • an inheritance because of a death, including life insurance proceeds; or
  • purchased with money that was received in either of the ways explained above.1

Marital property is all other property that either spouse got (acquired) during the marriage that does not meet the definition of separate property.1

Note: If a judge finds that failure to divide separate property will create a hardship on the other spouse or the children of the marriage, a judge may divide the property fairly between spouses.2

1 Wis. Stat. §767.61(2)(a)
2 Wis. Stat. § 767.61(2)(b)

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