Madison, WI asked in Divorce for Wisconsin

Q: Is money to be split 50/50 until divorce is final

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2 Lawyer Answers
David N. Iancu
PREMIUM
David N. Iancu
Answered
  • Milwaukee, WI
  • Licensed in Wisconsin

A: There are many factors that a court will use to determine how parties share income or assets while a divorce is pending. Presumptively, all assets are marital and shared until the divorce is final, but the court has the authority to deviate from that on a temporary basis.

Jane E. Probst
PREMIUM
Jane E. Probst
Answered
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: The property division in a divorce is presumed to be equal, with the exception of premarital property, inheritances, third party gifts and marital waste being reasons for a deviation from equal division. As to income, it is often equalized, or close to it, for maintenance if there is a long term marriage. If the marriage is short term, usually not. With a medium length marriage, there is potential for an equal division of income, resulting in maintenance being paid from the higher earning spouse to the other, but only for a limited term. Each case has unique facts and must be analyzed individually.

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