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Wisconsin is a community property state meaning all property acquired during the marriage, including the house, is divided equally during a divorce. If you dont sell or co-own the home, a spouse can keep it if they negotiate a buyout, give up other assets, or take the house instead of alimony.
Behind the jokes lies a legal reality that is often overlooked by Wisconsin residents. Wisconsin is a community property state. That means that all property individually accumulated by each spouse in a marriage is legally shared 50-50 between the spouses.
In Wisconsin once paternity has been established, the fathers rights are the same as the mothers parental rights. Under Wisconsin law, the court orders custody and placement based on the best interest of the child. And a close relationship with both parents is often beneficial for the child.
The courts operate under the assumption that it is in the best interest of the child to optimize the time with each parent. The standard is for each party to get 50/50 custody because Wisconsin assumes that joint custody is the best situation for the child.
Most courts will give a fair and equitable split (most times, 50/50) on all assets acquired after marriage. That includes the 401(k) for either of you but it could also depend on what the distribution of assets is. If she keeps all the equity in the house, you may keep all the 401(k).
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