Gavel Insight

Dividing Pensions and Retirement Accounts in a Wisconsin Divorce: What You Need to Know Divorce is never easy, and the financial complexities can add significant stress. Among the most intricate assets to divide are pensions and retirement accounts. For many families in Wisconsin, these represent a substantial portion of their marital estate, accumulated over years of hard work. Understanding how these assets are treated under Wisconsin law is crucial for protecting your financial future. This article will provide a practical guide to navigating the division of retirement assets in your Wisconsin divorce. Wisconsin's Approach to Marital Property Wisconsin is an equitable distribution state, but it operates under a presumption of equal (50/50) division of all marital property. Marital property generally includes all assets acquired by either spouse from the date of marriage until the date of the divorce, regardless of whose name is on the account. Retirement accounts, pensions,...

Understanding Wisconsin's Marital Property Laws 📜 Community Property Principles Wisconsin follows marital property laws, meaning that all assets and debts acquired during the marriage are generally considered jointly owned by both spouses. This applies to real estate, bank accounts, retirement accounts, and other significant assets. 🔍 Equitable Division vs. Equal Division Unlike states that use equitable distribution, Wisconsin law starts with the presumption that marital assets should be divided equally (50/50). However, the court may deviate from equal division if there is a strong justification, such as: - The length of the marriage - Each spouse’s contribution to the property - The economic circumstances of each party post-divorce - Agreements made before or during the marriage (e.g., prenuptial agreements) Types of Real Estate in Divorce Cases 🏠 Marital Home The family residence is often the most significant asset. The court may award it to one spouse or orde...