Marriage in Wisconsin: What Laws Apply to Me?
Marriage is not only a personal milestone to be celebrated – it is a legal partnership governed by specific state laws. Getting married in Wisconsin comes with many legal benefits, as well as responsibilities. Whether you are planning a wedding in the scenic countryside, or in the heart of Milwaukee, it is valuable to understand the legal implications of your marriage in Wisconsin.
At Axley, we provide experienced guidance on all related legal matters such as prenuptial agreements, marital property rights, estate planning, and the like. In this article, we’ll explore some of those legal implications that any person getting married should consider.
What is a Community Property State?
Wisconsin is a community property state. Under Wisconsin’s community property principles, almost all assets and debts acquired during marriage, regardless of title, are presumed equally owned by both spouses. This is referred to as marital property.
Marital property includes everything from income to real estate, vehicles, retirement and investment accounts, business interests, and other assets gained during the marriage. Wisconsin carves out few limited circumstances to designate property as individual, rather than marital. Property owned before marriage, or received as a gift or inheritance, is considered individual (if not mixed with marital property). In the event of death or divorce, Wisconsin’s default state laws will apply to property owned by one spouse prior to the marriage and all marital property acquired during the marriage.
When entering into a new marriage, it is important to consider how your property – premarital, marital, and individual – is impacted by your new legal status.
How Does Marriage Impact My Property?
In the event of divorce, separation, or death, the state law presumes that each spouse has a one-half interest in all marital property. Without a marital property agreement or estate plan in place, state laws will determine how all of your assets are divided. For example, dying without a Will is called “dying intestate,” and requires assets to go through a state process call probate.
In Wisconsin, if one of the spouses dies without a Will, and it is the first marriage, all assets of the deceased spouse will transfer to the surviving spouse. The same outcome holds true if it is a first marriage where there are children born to or adopted by the married couple – the surviving spouse takes all assets, marital and individual. Easy!
The situation gets dicey in the event of a second marriage where one spouse dies without a Will. In that scenario, the children of the deceased spouse from the first marriage are entitled to a share of assets – individual and marital.
If you are considering a second marriage, we highly suggest that you also consider a marital property agreement and a Will or trust. Without these legal documents, you and your spouse are subject to the default framework of Wisconsin’s state laws and procedure, in death and in the event of divorce (see Part II of this article: Divorce in Wisconsin: What Laws Apply to Me?).
What is a Marital Property Agreement?
Once married, spouses are tied together with their finances. Obtaining credit cards, loans, and payment histories will affect both spouses. Put simply, absent planning, your spouse’s debt during marriage is your debt (see Part II of this article: Divorce in Wisconsin: What Laws Apply to Me?).
Wisconsin allows persons getting married to freely enter into an agreement that sets forth alternative guidelines to classify property. Those who have a marital property agreement can control what is considered individual and what is martial property during the marriage. Those designations are then enforced at the time of one of the spouses deaths, or in the event of divorce. Marital property agreements may also govern marital finances during the marriage.
Marital property agreements are generally binding on courts in divorce proceedings. Absent circumstances of fraud or substantially inequitable terms, the marital property agreement will direct the division of property outside of Wisconsin divorce law.
Takeaways on Marriage – Until Death or Divorce
When you marry in Wisconsin you are subject to certain laws and marital property designations, as explained here. Those laws will create responsibilities during the marriage, in the event of divorce, and on the death of one spouse. It is a good idea to discuss these issues prior to marriage and if appropriate, enter into a marital property agreement. At Axley, we are here to help you navigate these issues and make sure that no part of the law disrupts your marital bliss!
This discussion is an introduction to the laws of Wisconsin as it relates to marriage; it is not a comprehensive review of all laws that relate to marriage in Wisconsin. Before marrying you should consult with competent counsel to ensure that your wishes, and the wishes of your spouse, will be carried out.
