Getting Married in Wisconsin: Legal Guide for Couples

Before applying for a marriage license, research Wisconsin's specific requirements. Both parties must be at least 18 years old (or have parental consent if 16-17). You cannot be closely related by blood, and you must not be currently married to someone else. Wisconsin also has a 5-day waiting period after applying for the license before you can get married.

Visit your county clerk's office to apply for a marriage license. Both parties must appear in person with valid photo ID, proof of residence, and certified copies of birth certificates. You'll need to provide information about any previous marriages and pay the license fee (typically $80-120 depending on the county). Remember that Wisconsin has a 5-day waiting period, and the license is valid for 30 days after issuance.

Decide whether a prenuptial agreement is appropriate for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Wisconsin (a marital property state), assets acquired during marriage are generally considered equally owned. A prenup must be executed voluntarily, with full financial disclosure, and with reasonable time for review before the wedding. Consider consulting with separate attorneys for each party to ensure the agreement is fair and enforceable.

Marriage significantly changes your legal status and automatically affects inheritance rights in Wisconsin. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. Without a will, Wisconsin intestacy laws determine asset distribution, which may not align with your preferences. Your spouse will have certain rights to your estate regardless of what your will states (unless modified by a valid prenuptial agreement).

Create a healthcare power of attorney document to designate your spouse (or another trusted person) to make medical decisions on your behalf if you become incapacitated. In Wisconsin, this document must be signed in the presence of two witnesses who are not related to you by blood or marriage and are not directly financially responsible for your healthcare.

Create a durable power of attorney to authorize your spouse (or another trusted person) to handle financial and legal matters on your behalf if you become unable to do so. This document remains valid even if you become incapacitated. In Wisconsin, it must be signed before a notary public to be legally valid.

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Wisconsin, so you must update them manually to include your spouse if desired. These designations typically override will provisions, so it's crucial they reflect your current wishes.

If either spouse wishes to change their last name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In Wisconsin, you can use your marriage certificate as proof of name change for most purposes. For your Social Security card, visit the local Social Security Administration office with your marriage certificate, current ID, and completed SS-5 form.

Decide whether to maintain separate accounts or establish joint accounts. Wisconsin is a marital property state, meaning most assets acquired during marriage are considered equally owned regardless of whose name is on the account. However, joint accounts can simplify bill paying and financial management. Visit your financial institution with both spouses present, bringing identification and your marriage certificate.

Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. Contact your health insurance provider or employer's HR department to understand the process and deadlines. In Wisconsin, you typically have 30 days from your marriage date to make these changes. Gather required documentation, which usually includes your marriage certificate and spouse's personal information.

Marriage will affect your tax filing status. You'll need to decide whether to file jointly or separately for both federal and Wisconsin state taxes. For most couples, filing jointly results in tax advantages, but this depends on your specific financial situation. Update your W-4 with your employer to adjust tax withholding based on your new filing status.

Consider how you want to title property owned before marriage and any property acquired after marriage. Wisconsin is a marital property state, but titling can affect rights during your lifetime. Options include individual ownership, joint tenancy with right of survivorship, or tenancy in common. For real estate, vehicles, and other titled property, you may need to file new deeds or title documents with appropriate government offices.