Wisconsin Marital Settlement Agreement
A Wisconsin marital settlement agreement lets divorcing spouses divide their marital property, set maintenance, and address custody and child support, then have those terms approved by the court and made part of the divorce judgment. Attorney review available.
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Introduction
Wisconsin presumes that all divisible property is split equally between divorcing spouses, and a marital settlement agreement is the written contract they use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be approved by the court and made part of the judgment that ends the marriage. Wisconsin is a marital-property (community-property) state: on divorce the court presumes that all property, except what one spouse acquired by gift or inheritance, is to be divided equally between the parties, though the court may alter that equal division after weighing statutory factors (Wis. Stat. 767.61(3)). Wisconsin calls spousal support maintenance, and there is no statewide formula for the amount or duration; the court weighs the factors in Wis. Stat. 767.56 and may order maintenance for a limited or indefinite time. Custody and child support follow Wisconsin law, including the percentage-of-income child support standard (Wis. Stat. 767.511; DCF 150), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Spouses put their terms in a written stipulation; once the court approves it under Wis. Stat. 767.34, its provisions become the court's judgment. No divorce is granted until at least 120 days have passed from service or the filing of a joint petition (Wis. Stat. 767.335(1)). DocDraft builds your Wisconsin marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Wisconsin no judgment of divorce is granted until at least 120 days after service of the summons and petition (Wis. Stat. 767.335(1)), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be approved by the court and made part of the judgment that ends the marriage.
- 2
Wisconsin is a marital-property (community-property) state. On divorce the court presumes that all property, other than what a spouse acquired by gift or inheritance, is to be divided equally between the parties, but may alter that equal division after weighing statutory factors (Wis. Stat. 767.61(3)).
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The equal-division presumption is a starting point, not a fixed split. A Wisconsin marital settlement agreement lets the spouses agree on how to divide their marital property and debts, and the court reviews that agreement rather than imposing its own division.
- 4
Wisconsin calls spousal support maintenance and has no statewide formula for the amount or duration. The court weighs the factors in Wis. Stat. 767.56, including the length of the marriage, each party's age and health, earning capacity, the property division, and the ability to become self-supporting, and may order maintenance for a limited or indefinite time.
- 5
Child support follows Wisconsin's percentage-of-income standard (Wis. Stat. 767.511; DCF 150). Spouses may agree to an amount, but child support and custody stay subject to court approval and remain modifiable and cannot be bargained away.
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Spouses record their terms in a written stipulation. Under Wis. Stat. 767.34 the parties may stipulate for the division of property, maintenance, child support, and custody and physical placement subject to the approval of the court, and once approved the terms become the court's judgment.
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No judgment of divorce is granted until at least 120 days have passed after service of the summons and petition on the respondent, or after the filing of a joint petition (Wis. Stat. 767.335(1)). A written agreement can settle the terms early but cannot shorten this waiting period.
Key decisions before you file
Before you file a Marital Settlement Agreement in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Wisconsin Requirements for Marital Settlement Agreement
Marital Property, Equal-Division Presumption
Wisconsin is a marital-property (community-property) state. On divorce the court presumes that all property, other than what a spouse acquired by gift or inheritance, is to be divided equally between the parties, but may alter that after weighing statutory factors (Wis. Stat. 767.61(3)).
Gift and Inherited Property Excepted
Property one spouse acquired by gift or inheritance, and property acquired with those funds, is excepted from division and remains that spouses separate property when kept identifiable (Wis. Stat. 767.61(2)(a)). Only the divisible marital estate is subject to the equal-division presumption.
No Statewide Maintenance Formula
Wisconsin calls spousal support maintenance and has no statewide formula for the amount or duration. The court weighs the factors in Wis. Stat. 767.56, including the length of the marriage, age and health, earning capacity, and the property division, and may order maintenance for a limited or indefinite time.
Child Support Follows the Percentage Standard
Child support follows Wisconsin percentage-of-income standard, which the court applies using the percentage set by the Department of Children and Families (Wis. Stat. 767.511; DCF 150). Parties may agree to an amount, but only subject to court approval. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody, physical placement, and child support terms in a Wisconsin marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
Written Stipulation, Court Approval
A Wisconsin marital settlement agreement is a written stipulation signed by both spouses. Under Wis. Stat. 767.34 the parties may stipulate for the division of property, maintenance, child support, and custody and physical placement subject to the approval of the court. No statute requires the signatures to be notarized.
120-Day Waiting Period
No judgment of divorce is granted until at least 120 days have passed after the summons and petition are served on the respondent, or after a joint petition is filed (Wis. Stat. 767.335(1)). A written agreement can settle the terms early but cannot shorten this waiting period.
Stipulation Becomes the Judgment
Once the court approves the stipulation under Wis. Stat. 767.34, its provisions become the court judgment and the parties are bound by them. The court reviews the agreement first and may decline terms it finds unfair or not in the childrens best interests, so approval is not guaranteed.