The division of marital property depends on many factors. It is true that Wisconsin law presumes that all assets will be divided equally between the spouses upon divorce. However, the law also accounts for 13 factors that can shift the final property division in favor of one spouse. The more common factors include the length of the marriage, the spouses’ income capacity (accounting for time spent out of the workforce to care for children), property brought to the marriage by one spouse, the spouses’ age and health, and whether there is a prenuptial agreement. There is, of course, room to argue about each of these points, because the facts and history of each marriage are unique. Judges usually try to make a decision that is fair to both parties, but they can only work with the information given to them. If you believe that you are entitled to more than ½ of marital property, or if you want to ensure that you receive your fair ½ of the property, you should work with an experienced family lawyer to prepare and support your position.
I have been representing families in divorce for almost 30 years. I would be glad to discuss your concerns with a no cost, no obligation consultation. Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993. Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com. Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!
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