When couples contemplate divorce, one of the biggest concerns is how property will be divided. The laws regarding property division vary from state to state. In Wisconsin, property division during a divorce is based on community property principles. This principle indicates that marital property should be divided equally. Many wonder whether Wisconsin is a 50/50 divorce state, and the answer is yes.

Here at The Ohiku Law Office in Milwaukee, we help people going through a divorce with sensitive and compassionate divorce attorney services. We specialize in helping people with a high-net-worth navigate those complexities and protect what matters most. If you have questions about the legalities of divorce, please don’t hesitate to contact us today. In this blog, we will talk more about what “community property state” means and your options going forward.

Understanding Community Property Principles

Wisconsin, along with eight other states, follows community property principles. The other 41 states operate under equitable distribution principles. In community property states, marital property is divided equally. Equitable distribution, on the other hand, ironically does not guarantee an equal division. Instead, the goal of equitable distribution is to distribute property in a fair and just manner.

In Wisconsin, community property principles dictate that marital property should be split equally between spouses. However, it is not always a simple process. The court may consider various factors, such as the length of the marriage, the age and health of each spouse, and the earning capacity of each spouse, before determining the final division of assets.

Marital Property vs. Separate Property

In Wisconsin, marital property is considered to be any property that was acquired during the marriage, with some exceptions. The exceptions include property obtained through inheritance or gift, which is considered separate property. Property that was owned by one spouse before the marriage and was not co-mingled with marital assets is also considered separate property.

It’s worth noting that the court cannot divide separate property during a divorce. Instead, separate property remains with the spouse who owns it.

Options for a Less-Stress Divorce: Mediation and Arbitration

While Wisconsin is a 50/50 divorce state, dividing assets equally is not always a straightforward process. It is not uncommon for contentious disputes to arise during property division negotiations. To avoid long and costly court battles, many couples opt for alternative dispute resolution methods like divorce mediation or arbitration.

Divorce mediation allows couples to work with a neutral third-party mediator to negotiate and make decisions about property division and other issues. Mediation can be less stressful and time-consuming than traditional litigation, and couples have greater control over the outcome.

Arbitration, on the other hand, is a private process where a neutral third party acts as a judge and makes a final decision about property division. Couples who opt for arbitration often do so because they want their dispute to remain private and avoid the publicity that often accompanies courtroom litigation.

At Ohiku Law, our team of experienced attorneys knows that divorce mediation and arbitration can be excellent alternatives to traditional litigation. Attorney Odalo Ohiku’s primary goal is to help clients reach a peaceful settlement that suits everyone involved. Attorney Ohiku and his team have helped numerous clients through the mediation and arbitration process, and they have the experience necessary to provide quality assistance at every step of the way. By choosing Ohiku Law, clients benefit from a personalized approach to mediation and arbitration that ensures the best possible results for their unique situation. With us, you can feel confident knowing that you have an advocate with the knowledge, experience, and skills necessary to assist you in finding a resolution to your divorce case.

Wisconsin is a 50/50 divorce state and follows community property principles when it comes to property division. However, the court will consider various factors before determining the final division of assets. It is also worth noting that separating marital property and separate property is an important part of property division in Wisconsin. Finally, couples who wish to bypass the sometimes contentious court process may opt for alternative dispute resolution methods like divorce mediation or arbitration.

If you or anyone you know is considering divorce in Wisconsin, it is crucial to work with an experienced divorce attorney. The Ohiku Law Office is here to help. Our attorneys are experts in divorce law and can guide you through the property division process from start to finish. Contact us today to schedule a consultation.

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.