Can a Spouse Get More Than 50% of Assets in a Wisconsin Divorce?
January 7, 2026
If you’re going through a divorce in Wisconsin, you may be wondering:
Can my spouse (or I) get more than half of our assets?
The answer is yes — depending on the circumstances.
Wisconsin is a marital property state, which means courts start with a 50/50 split. But that’s only a presumption, not a guarantee.
Here’s when a spouse can get more than 50% in a Wisconsin divorce.
When Courts Award More Than 50% of Assets
Wisconsin judges can divide property unequally if an equal split would be unfair. Common reasons include:
1. Major Premarital Assets
If one spouse entered the marriage with significantly more property, a court may award them a larger share.
2. Short Marriage
Short-term marriages often result in uneven division, especially when one spouse contributed more financially.
3. Large Difference in Earning Capacity
If one spouse earns far more or has greater future earning potential, the other may receive more than half.
4. Age or Health Issues
A spouse facing disability, illness, or limited future income may receive a greater portion of assets.
5. Wasting or Hiding Assets
If a spouse gambled, hid, or improperly spent marital funds, the other may be compensated with a bigger share.
6. Contributions to Career or Household
Spouses who supported the other’s education, career, or stayed home with children may be awarded a larger portion.
What About Inheritances or Gifts?
Individual inheritances, gifts, and certain personal injury awards are normally excluded — unless they were mixed with marital funds, in which case they may be divided.
Bottom Line
A 50/50 division is the starting point, but Wisconsin courts can — and often do — adjust property division for fairness.
Yes, a spouse can absolutely receive more than 50% of the assets.
Contact Us
If you’re in Manitowoc, Green Bay, Appleton, Sheboygan, Kewaunee, or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.
Navigating the Crossroads: Key Decisions When Considering Divorce in Wisconsin Deciding to end a marriage is one of the most significant and emotionally challenging choices a person can make. It involves careful consideration of personal, emotional, and legal factors. If you are in northeastern Wisconsin and contemplating divorce, understanding the legal landscape and your options is crucial for protecting your interests and your future. Kaminski & Pozorski , a local firm in Manitowoc with over 40 years of experience, specializes in guiding clients through these difficult times with both expert legal counsel and compassionate support. Critical Questions to Ask Yourself Before moving forward, take time for self-reflection and consider these essential questions: Have communication and trust broken down completely? While some issues can be resolved with counseling, a persistent lack of trust or an inability to communicate effectively can be strong indicators that the marital bond has irrevocably weakened. Are your fundamental values and future goals misaligned? People evolve, and sometimes spouses grow in different directions. If your core values or vision for the future are no longer compatible, divorce may be the most authentic path forward. How will this impact my well-being and my children? You must balance your own needs with the impact on others. Consider how the current marital stress affects your children and whether a different family dynamic, post-divorce, might be healthier for all involved. Have you exhausted all other options? For some, marriage counseling or a trial separation can provide the clarity needed to make a final decision. Am I prepared for the financial realities? Divorce can lead to a change in the standard of living or financial independence. Gathering information about your financial situation is a critical preparatory step. Legal Considerations in Wisconsin Wisconsin is a no-fault divorce state, meaning that the court does not consider marital misconduct (like affairs) when granting a divorce; the only requirement is that the marriage is irretrievably broken. However, significant legal issues remain to be addressed, including: Property Division: Wisconsin is a community property state, meaning assets acquired during the marriage are generally divided equally. Child Custody and Placement: The court's primary concern is always the best interests of the child when determining legal custody and physical placement schedules. Spousal Support (Alimony) and Child Support: These decisions are based on specific guidelines and individual circumstances. The Importance of Legal Guidance Deciding whether to divorce is a personal journey, but the process of a divorce requires experienced legal guidance. An attorney can help you understand your rights, navigate complex legal procedures, and advocate for your best interests. Kaminski & Pozorski often encourages clients to consult with them six to eight weeks before filing for divorce to help identify key issues early in the process. If you are in Manitowoc, Green Bay, Sheboygan, or the surrounding area and need assistance with family law matters, the team at Kaminski & Pozorski is ready to guide you through every step of the process. Contact their law firm today for a free consultation at (920) 684-6694 to confidentially discuss your options and determine the best path forward for you and your family.
At Kaminski & Pozorski in Manitowoc, Wisconsin, our family-law team has decades of experience guiding parents through the complex terrain of holiday visitation, custody agreements, and the unique challenges that arise during the end-of-year season.
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At a minimum, there is a mandatory 120-day waiting period between filing for divorce and the earliest possible finalization. However, unless you and your spouse have already reached a full agreement on all major issues, most divorces take significantly longer. There is much to work through from the initial filing to the final divorce decree.
Are you facing a family law issue in the state of Wisconsin? Whether you’re going through a divorce, dealing with child custody issues, or navigating a complex adoption process, it’s important to have a knowledgeable and experienced attorney on your side.
It is understandable that custody matters are often highly contested in family law, as both parents only want what is best for their children during a divorce. There is a common assumption that mothers will be granted primary custody, leading fathers to question their chances of being awarded custody and the legal landscape surrounding such requests in their state. In Wisconsin, child custody decisions are based on the child’s best interests, as outlined in statute 767.41(5). Factors considered include the child’s age, adjustment to home and community, parent-child relationship, promotion of a healthy relationship with the other parent, presence of domestic violence, and issues with drug or alcohol abuse. Importantly, parental gender is not a factor in determining custody, and there is no automatic assumption that the mother will be the primary custodian. Wisconsin law typically favors joint custody, where both parents are involved in major decisions like religion and schooling. However, the parent who can prove to have been the primary caregiver and have a close relationship with the child may have an advantage in court for primary placement, often resulting in mothers being awarded custody. Yet, this is not a legal presumption, and both parents must demonstrate that their proposed custody and parenting plans are in the child’s best interests. If a father can show that he is more suitable for primary placement, there is no legal barrier to him obtaining custody. For guidance on custody matters and how courts determine the child’s best interests, reach out to us for assistance in understanding your circumstances and taking the necessary steps to prioritize your child’s well-being. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8th Street, Manitowoc, WI
A parent navigating a divorce may not only experience the sorrow of their marriage ending and the strain of dividing assets and finances but also the concern of protecting their children throughout the process. While it may be impossible to completely shield your children from the emotional impact of a divorce, there are steps you can take to lessen the effect on them. You and Your Ex-Partner To reduce the stress divorce places on your children’s well-being, it’s crucial to take steps to minimize conflict between you and your ex-partner. A key starting point is agreeing to refrain from speaking negatively about the other parent in front of the children. This includes avoiding critical remarks to friends or family when the children are nearby. Even if your children seem distracted or occupied, they are often listening. Hearing negative comments about a parent can lead children to internalize the criticism. Furthermore, although you and your ex-partner are no longer married, your children still rely on both of you to treat each other respectfully and to reassure them that they are not responsible for the divorce. By cooperating and maintaining civility, you provide them with the stability and support they need. Prepare for Reactions When parents divorce, family dynamics shift dramatically, and children’s perceptions of themselves and their family can be affected. Like their parents, children must adjust to new living conditions. They may react to these changes in various ways. For instance, younger children may become confused and stressed by the disruption of their routine and may exhibit behavioral issues. Older children, while cognitively aware of the situation, may still feel guilty or blame themselves. It’s important to stay vigilant for signs of emotional distress and be ready to talk to your children or seek appropriate support to help them process their feelings. Consider a Non-Adversarial Process The way you choose to approach your divorce will significantly influence how your children are affected, both during and after the process. Opting for a non-adversarial divorce method is often less stressful for everyone, as it focuses on cooperation rather than conflict. For example, using mediation to settle divorce matters allows the parties to avoid hostile court proceedings and resolve their differences in a way that meets everyone’s needs. Those choosing a Collaborative Divorce agree to work together openly and amicably with the support of trained professionals, outside of the litigation system. This process helps the parties reach solutions that prioritize the well-being of the entire family. By choosing a cooperative path, you reduce conflict and make decisions that benefit your whole family. The end of a marriage affects every family member, including the children. However, there are ways to protect and support your children during and after the divorce. We have extensive experience assisting families through this challenging time and can offer the guidance and support you need. We are here to help. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8 th Street, Manitowoc, WI
Welcome to the Kaminski & Pozorski Law Firm Blog! At Kaminski & Pozorski, we understand that family law matters are often emotional and complicated. Whether you're facing a divorce, custody dispute, or need guidance on child support or adoption, our experienced attorneys are here to provide expert legal advice and compassionate representation in Manitowoc, Wisconsin, and surrounding areas. In this blog, we will regularly share insights and tips on various family law issues that can help you navigate the complexities of family matters with confidence. Understanding Family Law: What You Need to Know Family law encompasses a broad range of legal issues that affect families, relationships, and children. At Kaminski & Pozorski, we believe it’s important for you to have a clear understanding of your rights and obligations in any family law situation. Here’s an overview of some common family law issues that people in Manitowoc may encounter: 1. Divorce and Legal Separation Divorce can be a challenging and emotionally draining process. In Wisconsin, divorce is typically granted on the grounds of irretrievable breakdown of the marriage. This means that one or both spouses believe that the marriage cannot be repaired. When facing a divorce, you will need to address a range of issues, including: Property Division : Wisconsin follows the principle of "equitable distribution," meaning assets and debts are divided fairly, though not always equally. Alimony/Spousal Support : Depending on factors like the length of the marriage and the financial standing of each spouse, one spouse may be required to pay alimony to the other. Child Custody and Visitation : Wisconsin courts make decisions based on the best interests of the child, which includes factors such as the child's relationship with each parent and the ability of each parent to provide care. 2. Child Custody and Parenting Plans If you have children, child custody is one of the most important issues to address in any divorce or separation. Wisconsin law emphasizes the importance of shared parental responsibility. In most cases, both parents are encouraged to participate in decision-making regarding the child’s health, education, and general welfare. Parents are also required to develop a parenting plan , which outlines the custody arrangement and visitation schedule. If parents cannot agree, the court will decide based on what is best for the child, considering the child’s age, stability, and relationship with each parent. 3. Child Support Child support in Wisconsin is determined based on a formula that takes into account parents' income and the amount of time each parent spends with the child. The goal of child support is to ensure that the child’s financial needs are met, and that both parents contribute to the child’s upbringing. If there is a change in circumstances, such as a significant change in income or custody, either parent can request a modification of the child support order. 4. Domestic Violence and Protection Orders Family law issues also include situations of domestic violence. If you or your children are victims of abuse, Wisconsin law provides protective measures, including temporary restraining orders (TROs) and injunctions for protection . These orders can keep an abusive spouse or partner away from you and your children and can be crucial in ensuring safety during a separation or divorce. If you’re experiencing domestic violence, don’t hesitate to seek legal assistance from our team at Kaminski & Pozorski. We can help you navigate the process of obtaining a protective order and ensure that your safety and your family's safety are prioritized. 5. Adoption and Parental Rights Adoption is a beautiful way to build or expand your family, but it also involves a detailed legal process. Whether you're looking to adopt a child through an agency, private adoption, or even a step-parent adoption, Kaminski & Pozorski can help guide you through the legal procedures. We also handle termination of parental rights cases, where one biological parent may voluntarily relinquish or be legally stripped of their rights due to certain circumstances. These cases are sensitive and require careful consideration, but we are here to provide support. Why Choose Kaminski & Pozorski for Family Law Matters? When dealing with family law issues, it's crucial to have experienced legal representation that understands both the law and the emotional complexities of family matters. Kaminski & Pozorski brings over 25 years of combined legal expertise in Manitowoc and surrounding areas. Our Approach: Personalized Attention : Every family law case is unique, and we tailor our approach to your specific needs. We take the time to listen to your concerns and explain your options in clear, straightforward language. Compassionate Support : We understand the emotional toll family law matters can take, and we're here to provide you with the compassionate, empathetic support you deserve. Skilled Negotiators and Advocates : While we strive to reach amicable solutions through negotiation and mediation, we are also prepared to fight for your rights in the courtroom if necessary. Get Started with Kaminski & Pozorski Today If you are facing a family law issue in Manitowoc, or if you simply have questions about your legal rights, don’t hesitate to reach out. Our team at Kaminski & Pozorski is ready to guide you through every step of the process. Whether you're dealing with divorce, custody disputes, or need advice on any family-related legal matter, we are here to help. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8 th Street, Manitowoc, WI
