When stay-at-home moms (or dads) get divorced, they may be concerned about where they stand in terms of marital property division such as the house, cars or other assets compared to the bread-winning spouse. First consider that Wisconsin is considered a community property state, which means that all marital property is divided 50/50 in the event of a divorce. Property division can be divided through an agreement between the spouses that a court will sign off on to ensure that it is fair and equitable, or the parties can have the court decide with an eye toward roughly equal distribution of marital assets.
When a court makes a determination regarding the distribution of marital property, they may consider factors such as the length of the marriage, each spouse’s contribution to the marriage, the earning capacity of the spouses, and also separate property such as substantial assets acquired by one spouse prior to the marriage or inheritance that are not subject to division. The court will also consider any prenuptial or post nuptial agreements the spouses may have entered into that affect the division of marital assets.
If you are a stay-at-home mom or dad facing a divorce, you may be concerned about marital asset division and how you will land on your feet after being out of the job market. It is important to have a strong advocate on your side. An experienced divorce lawyer will fight for your rights to the family home and other marital assets; secure spousal maintenance when appropriate; and ensure that child support and child custody are tailored to support your children’s needs and well-being. Contact the Wisconsin family law attorneys of Probst Law Offices for compassionate and knowledgeable representation today at 414-210-3135.