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Wisconsin Divorce Information Property Ownership For Divorce Purposes Community property state, which means the courts start with the presumption that the property division should be 50/50. The court has the discretion to divide marital property unequally if the circumstances warrant it. Marital fault is not a consideration when dividing property in Wisconsin. What Property is Divided? Hybrid state. Generally only marital property is divided in a divorce; however, the court has the authority to divide separate property if justice demands it. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance. Alimony At the court's discretion. Marital fault is generally not considered. Terminates upon the death of either party, and upon the receiving party's remarriage. Child Support Percentage of income method, which means only the income of the paying parent is considered. Emancipation is age 18, unless still in high school, in which case it can be extended to graduation or age 19, whichever comes first. Courts generally will not order payment of college education costs. Child Support Calculator. Child Support Enforcement The Wisconsin child support enforcement agency can be found at: http://www.dwd.state.wi.us/bcs Divorce Related Statutes For Wisconsin Click below, then click on table of contents, and scroll to chapter 765 and following. Other Resources The Divorce Financial Survival Series |