6 Locations Across Wisconsin

“How do I get a better divorce settlement?”

by | Mar 21, 2023

Divorce is never an easy journey, but achieving a fair settlement can make a world of difference. If you’re going through a divorce in Wisconsin, you’re likely wondering how to secure the best possible outcome for your future. 

In this post, we’ll explore practical strategies to help you get a better divorce settlement in Wisconsin. Let’s dive into the essential steps you can take to set the stage for a brighter tomorrow.  

What is a Divorce Settlement?

A divorce settlement is the final agreement reached between two spouses when they decide to end their marriage. This agreement outlines the division of assets, debts, and property. It also covers the terms for child custody, visitation, and support, if applicable. The settlement is legally binding once the court has approved it, and both parties must adhere to its terms.

Reaching a fair divorce settlement is crucial to ensuring a smooth transition into your post-divorce life. 

What Affects the Outcome of a Divorce Settlement in Wisconsin?

In Wisconsin, various laws and factors can influence the outcome of a divorce settlement. Understanding these elements can help you better navigate the process and work towards a favorable resolution. Some key aspects to consider include the following:

Marital property division: Wisconsin is a community property state. All assets and debts acquired during the marriage are generally considered marital property and divided equally between the spouses. In other words, it doesn’t matter who earned that money, who purchased this property, or who incurred the debt. Exceptions may exist for inheritances or gifts made to one spouse.

Child custody and support: Wisconsin courts prioritize the child’s best interests when determining custody arrangements and support obligations. Factors considered include the child’s age, emotional and physical needs, and the parent’s ability to provide a stable home environment.

Spousal maintenance: Also known as alimony, spousal maintenance may be awarded to one spouse based on various factors. These include the length of the marriage, each spouse’s earning capacity, and the need for financial support. Spousal maintenance is not guaranteed and must be negotiated.

Separate property: Assets acquired before the marriage are generally considered separate property. Thus, they are not subject to division in a divorce. Of course, the court must still approve any agreement reached between the spouses.

Steps to Take for an Optimal Divorce Settlement

To achieve the best possible outcome in your divorce settlement, consider the following steps:

  1. Gather financial documents: First, you must collect and organize all relevant financial records. These include bank statements, tax returns, investment accounts, and property valuations. This information will help you and your divorce lawyer understand your financial situation.
  2. Understand your priorities: Identify the assets, custody arrangements, and support terms that are most important to you. Knowing your priorities will help you stay focused during negotiations. You’ll avoid getting bogged down in minor disputes.
  3. Hire an experienced divorce attorney: A knowledgeable attorney specializing in family law can help you navigate the complex legal system. They provide valuable advice and advocate for your best interests throughout the process.
  4. Consider mediation or collaborative divorce:  These alternative dispute resolution methods can be less expensive and contentious than going to court. Mediation encourages cooperation and can lead to a more satisfying settlement for both parties.
  5. Stay organized and prepared: Always maintain clear communication with your divorce lawyer. Be ready to provide any necessary documentation or information when requested. Staying organized will help your case move forward smoothly.
  6. Be realistic and flexible: Understand that compromise is a part of the process, and be willing to make concessions when necessary. Being open to different options can help you reach a fair settlement more efficiently.

These steps are only worth their weight if you maintain a helpful attitude throughout the divorce process. Being proactive (rather than reactive) means you’ll have more control over the outcome of your settlement. 

Although you might experience strong emotions, it’s important to keep a level head and focus on the facts to ensure you get the best deal possible.

Best Practices for Divorce Settlement

Adopting best practices that can help you protect your financial interests and plan for your future is essential. Some of these best practices include:

Estimate your post-divorce finances: Create a realistic budget that reflects your expected income, expenses, and financial needs after the divorce. This can help you identify what assets and support you require to maintain your desired standard of living.

Search for hidden assets: Be thorough in your investigation of your spouse’s financial situation. Ensure that all assets, including those potentially hidden or undisclosed, are accounted for.

Understand the tax implications: Be aware of the tax consequences related to the division of assets or support payments. Consult with your divorce attorney to help you make informed decisions that minimize your tax liability.

Leverage available benefits: If you’re eligible for any benefits, such as retirement accounts or Social Security, factor them into your settlement negotiations. These benefits can have a significant impact on your long-term financial stability.

Use bankruptcy as a last resort: If you face overwhelming debt, consider discussing bankruptcy with your attorney. While it should only be considered as a final option, filing for bankruptcy can sometimes help. It enables you to discharge certain debts and start fresh financially after your divorce.

By implementing these best practices, you can better navigate the divorce settlement process. You’ll safeguard your financial interests and create a more secure future. 

Consult with VHD Law Firm

As you can see, the divorce settlement process is complex and requires careful consideration. At VHD Law Firm, our experienced attorneys understand the nuances of family law. We are dedicated to helping you get the best results possible.

With decades of combined legal experience, we have the knowledge and resources to guide you through the divorce process. Whether you need assistance negotiating a settlement or litigating your case in court, we’re here to help.

If you’re ready to take the next step in your divorce journey, contact VHD today for a free consultation.

Written by Vanden Heuvel & Dineen, S.C.

Divorce | Family Law

24 Hour Access

Related Articles