Wisconsin law gives a wife the same rights as a husband. What a wife is entitled to in a Wisconsin divorce is a presumed equal share of divisible property, a possible maintenance award based on statutory factors, and child support, custody, and placement orders that do not depend on which parent is the wife or the husband.
Wisconsin’s divorce statutes do not treat spouses differently by gender. Maintenance may be ordered for “either party,” and property is divided “between the parties.” So what a wife is entitled to in a Wisconsin divorce turns on the same facts that decide a husband’s share: the property, each spouse’s income and earning capacity, and the children’s needs.
Under Wis. Stat. § 767.61, the court presumes divisible property will be split equally. Property you received as a gift from someone other than your spouse, or by inheritance, generally stays yours. The court may divide property unequally after weighing factors such as the length of the marriage, each spouse’s contributions, including homemaking and child care, earning capacity, and any written agreement. Learn how property gets divided in a Wisconsin divorce and how tracing separate property protects gifts and inheritances.
Maintenance is not automatic. The court may order it for a limited or indefinite time after considering the length of the marriage, age and health, the property division, education, earning capacity, and whether the spouse seeking support can become self-supporting at a standard of living reasonably comparable to the marriage. See our complete guide to alimony in Wisconsin.
The court orders child support for minor children, and Wisconsin presumes joint legal custody is in a child’s best interest. If you are covered through your spouse’s group health plan, Wisconsin law may let you continue that coverage after the divorce if you pay for it.
List every asset and debt, mark anything received by gift or inheritance, and keep records showing where those funds went. Gather both spouses’ income records and your work history, since earning capacity affects both property and maintenance.
Renier Hotopp Law Offices represents wives and husbands and can explain what a wife is entitled to in a Wisconsin divorce based on your property, income, and children. See our Wisconsin divorce attorney services or learn more about the firm.
