The Statutory Factors for an Unequal Division in Wisconsin
Wisconsin courts may alter the presumed equal division, without regard to misconduct, after weighing the length of the marriage, property brought to it, contributions including homemaking, age, health, earning capacity, the family home, maintenance, pensions, taxes and agreements.
The factors
The court may alter the presumed equal division, without regard to marital misconduct, after considering (Wis. Stat. 767.61(3), as summarized in the annotated text):
| Factor | |
|---|---|
| (a) | The length of the marriage |
| (b) | The property brought to the marriage by each party |
| (c) | Whether one party has substantial assets not subject to division by the court |
| (d) | The contribution of each party to the marriage, giving appropriate economic value to each party’s contribution in homemaking and child care services |
| (e) | The age and physical and emotional health of the parties |
| (f) | The contribution by one party to the education, training or increased earning power of the other |
| (g) | The earning capacity of each party |
| (h) | The desirability of awarding the family home, or the right to live there for a reasonable period, to the party with physical placement for the greater period of time |
| (i) | Any maintenance or family support order, and whether the division is in lieu of such payments |
| (j) | Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests |
| (k) | The tax consequences to each party |
| (L) | Any written agreement of the parties on property, which is presumed equitable unless its terms are inequitable |
| (m) | Other factors the court determines to be relevant |
Homemaking has economic value
The statute directs the court to give appropriate economic value to a party’s contribution in homemaking and child care, so a spouse who stayed home is not valued at less than the earning spouse.
Assets the court cannot reach
If one spouse has substantial assets not subject to division, such as a large inheritance, the court may take that into account by awarding the other spouse a larger share of the property that is divisible.
The family home
The desirability of awarding the family home, or the right to live there for a reasonable period, to the parent with the greater share of placement is a listed factor.
Agreements
A written agreement on property made before or during the marriage is presumed equitable, and the court follows its terms unless they are inequitable.
Evidence to gather
Appraisals, pension statements, records of each spouse’s earnings and care of the children and any written agreement.
Next steps
Ask a licensed Wisconsin attorney which factors fit your facts and test shares in the Wisconsin property division calculator.
Frequently asked questions
What factors can change an equal division in Wisconsin?
The length of the marriage, property brought to it, other assets, contributions including homemaking, age and health, earning capacity, the family home, maintenance, pensions, taxes and agreements.
Does homemaking count in Wisconsin property division?
Yes. The court gives appropriate economic value to homemaking and child care.
Do pensions count in Wisconsin property division?
Yes. Vested or unvested pension benefits are an economic circumstance the court considers.
Is a prenuptial agreement enforced in Wisconsin property division?
A written agreement on property is presumed equitable and followed unless its terms are inequitable.
Does Wisconsin consider the family home?
Yes. The court considers awarding it to the parent with the greater share of placement.
Official sources
- Wis. Stat. 767.61: property division
- Wis. Stat. 767.61: property division (annotated text)
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Wisconsin statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Wisconsin attorney.