Divorce can affect nearly every part of a person’s life. There are immediate decisions to make, but many of the decisions made during a divorce can have financial and personal consequences for years to come.

Beacon Family Law represents clients in divorce and legal separation matters in Appleton, the Fox Valley and surrounding Wisconsin communities. Attorney Renee A. Read has practiced Wisconsin divorce and family law for more than 20 years, including substantial experience with complex financial issues and high-asset marital estates.

Request a Consultation

Divorce in Wisconsin

Wisconsin is a no-fault divorce state. A spouse does not have to prove adultery, abandonment or other marital misconduct to obtain a divorce. The legal issue is whether the marriage is irretrievably broken.

See Wis. Stat. § 767.315.

Depending upon the family and its finances, a divorce may require decisions regarding:

  • Property and debt division
  • Businesses and professional practices
  • Maintenance
  • Legal custody and physical placement
  • Child support
  • Health insurance and health care expenses
  • Retirement benefits
  • Tax considerations
  • Other financial issues

Some divorces are relatively straightforward. Others involve substantial assets, complicated income, business interests or difficult parenting issues. The issues that require the most attention will be different in every case.

Complex & High-Asset Divorce

A divorce involving substantial or complicated assets requires careful financial analysis.

Renee has significant experience representing business owners, executives, lawyers, medical providers and other professionals in divorces involving issues such as:

  • Closely held businesses
  • Professional practices
  • Business valuation
  • Complex compensation
  • Retirement and investment assets
  • Real estate holdings
  • Significant marital and individual assets
  • Inherited or gifted property
  • Tax considerations
  • Disputes concerning income or asset values

Depending upon the case, accountants, business valuation professionals, appraisers or other financial experts may be needed to properly identify, value or analyze assets.

The numbers matter, but so do the consequences of a proposed settlement. Two divisions that appear similar on paper can have very different results depending upon the type of assets being divided, liquidity, debt, taxes and other considerations.

Businesses & Professional Practices

Businesses and professional practices can create some of the most complicated financial issues in a divorce.

The question is not always as simple as, “What is the business worth?” The analysis may involve ownership interests, business income, compensation, goodwill, retained earnings, debt, tax considerations and the relationship between the business and the family’s finances.

For a business owner or professional, there is another important consideration: the business may be both a significant asset and the person’s source of future income.

These cases require a careful understanding of the business and its finances before meaningful settlement discussions can occur. When appropriate, a business valuation professional, accountant or other financial expert may be involved.

Key Issues in a Wisconsin Divorce

Property Division

Property division is often one of the most important financial issues in a Wisconsin divorce. The marital estate can include real estate, retirement and investment accounts, business interests, professional practices, employment benefits, valuable personal property, inherited or gifted assets, and debts.

Wisconsin law starts with a presumption that property subject to division will be divided equally, although the law identifies factors a court may consider in determining whether an unequal division is appropriate. Certain property acquired by gift or as a result of another person’s death may also be treated differently.

Before deciding how property should be divided, it is important to understand what the parties own, what they owe, what the assets are worth and whether each asset is part of the marital estate.

See Wis. Stat. § 767.61.

Maintenance

Maintenance, sometimes referred to as alimony or spousal support, is not automatically awarded in every Wisconsin divorce.

Wisconsin law identifies a number of factors courts consider when determining whether maintenance is appropriate and, if so, the amount and duration. Maintenance can become particularly complicated when income includes business income, bonuses, commissions or other variable compensation.

Maintenance also should not necessarily be evaluated by itself. Property division, income, taxes and other financial issues can affect the overall result of a divorce.

See Wis. Stat. § 767.56.

Legal Custody & Physical Placement

When parents have minor children, a divorce must address both legal custody and physical placement. Although the terms are sometimes used interchangeably, they have different legal meanings in Wisconsin.

Legal custody concerns the authority to make major decisions for a child. Physical placement concerns the periods when a child is placed with a parent and that parent has responsibility for the child’s care and routine daily decisions.

There is no single placement arrangement that works for every family. When parents cannot agree, Wisconsin courts decide custody and placement issues based upon the best interests of the child and the factors established by Wisconsin law.

See Wis. Stat. § 767.41.

Child Support

Wisconsin uses statutory and administrative guidelines to determine child support. The calculation can depend upon the parents’ incomes, number of children, physical placement arrangement and other circumstances.

Child support is not always a simple percentage calculation. Determining income can become an issue when a parent owns a business, is self-employed, receives bonuses or commissions, or has income that varies substantially from year to year.

Divorcing parents may also need to address health insurance, uninsured medical expenses and other financial responsibilities for their children.

See Wis. Stat. § 767.511 and Wis. Admin. Code ch. DCF 150.

Settlement & Advocacy

Most divorce cases are resolved without a contested trial. When the parties can reach reasonable agreements, settlement can give them greater control over the outcome and avoid some of the financial and personal costs of continued litigation.

But reaching an agreement should not be the goal at any cost.

Renee is direct with clients about the strengths and weaknesses of their positions and the potential consequences of the options they are considering. Sometimes compromise makes sense. Other times an issue is important enough that it needs to be fought.

The objective is not conflict for the sake of conflict. It is to reach the best result reasonably available for the client, whether that requires negotiation, litigation or a combination of both.

Divorce vs. Legal Separation

Divorce and legal separation address many of the same issues, including property division, maintenance, child support, legal custody and physical placement.

The primary difference is that a divorce ends the marriage. A legal separation does not.

Wisconsin law permits a legal separation to be revoked if the parties reconcile and allows a legal separation to later be converted to a divorce under certain circumstances.

See Wis. Stat. §§ 767.35(4)-(5).

Read More: Divorce vs. Legal Separation

Starting & Preparing for Divorce

Wisconsin has residency requirements for divorce and legal separation, and a case may be started by one spouse filing a petition or by both spouses filing a joint petition.

Not every issue can wait until the end of the case. Temporary orders may sometimes be needed while a divorce is pending to address expenses, property, maintenance, child support, custody or placement.

It can also be helpful to begin developing an accurate picture of the family’s finances, particularly when businesses, substantial assets or complicated financial circumstances are involved.

See Wis. Stat. § 767.301.

Read More: How Long Does a Divorce Take in Wisconsin?
Read More: How to Prepare For Divorce in Wisconsin
Read More: How to File For Divorce in Wisconsin

Wisconsin Divorce Representation

No two divorces are the same. Some clients need assistance reaching a reasonable agreement and completing the divorce process efficiently. Others face complicated financial issues, substantial assets or disputes that require extensive analysis or litigation.

Beacon Family Law provides representation based upon the circumstances of the individual client and case.

Request a Consultation

Legal Information Disclaimer
The information on this page is provided for general informational and educational purposes only and should not be relied upon as legal advice. Wisconsin family law is fact-specific, and the law may apply differently depending upon the circumstances of a particular case. Laws, regulations and court procedures can also change over time, and information on this website may not reflect the most recent legal developments. Reviewing this website or contacting Beacon Family Law does not create an attorney-client relationship. You should consult with a qualified attorney regarding your particular circumstances.