Legal Question in Family Law in Wisconsin
is an amicable but unequal settlement possible?
he lives in louisiana, she lives in wisconsin. they are in their 50's and have not lived together since 1993, and kids are grown. married for 20 years. he never paid any type of alimony, but he kept her on his insurance. she has been self supporting. he makes pretty good money, it is assumed that she isn't making as much as he is. can they just agree on what's his and what's hers (which i believe is what they'd prefer), or do they both have to disclose all income, assets and debt?
2 Answers from Attorneys
Re: is an amicable but unequal settlement possible?
Assuming they are divorced, then neither has alimony rights after 3 years. They can settle the community anyway they want as long as it's close to 50-50.
Re: is an amicable but unequal settlement possible?
If the parties are to be divorced in Wisconsin, Wis. Stat. 767.127 states:
"In an action affecting the family . . . the court shall require each party to
furnish, on standard forms required by the court, full disclosure of all assets owned in full or in part by either party separately or by the parties jointly.
The court shall also require each party to furnish, on the same standard
form, information pertaining to all debts and liabilities of the parties. The form used shall contain a statement in conspicuous print that complete disclosure of assets and debts is required by law and deliberate failure to provide complete disclosure constitutes perjury.
The court shall require each party to attach to the disclosure form a statement reflecting income earned to date for the current year . . ."
So long as the parties have made the required disclosures and neither is acting under duress, the parties are free to reach any settlement they both deem to fair and reasonable to both of them.