The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.
Wisconsin Lawyer
Vol. 80, No. 11, November 2007
Figure 1
Obligations Arising from Credit Card Account to
Which Only One Spouse Is a Party
(Account Opened Before Determination Date) 12
Nature of obligation
|
All marital property available to satisfy? |
Incurring spouse’s interest in marital property available to satisfy? |
Nonincurring spouse’s interest in marital property available to satisfy? |
Incurring spouse’s other property available to satisfy?
|
Nonincurring spouse’s other property available to satisfy? |
| Obligation incurred on or after Jan. 1, 1986, on account opened before Jan. 1, 1986 (Wis. Stat. § 766.555(2)13 |
Only with proper notice14 |
Yes |
No |
Yes |
No |
| Nonfamily-purpose obligation incurred by a spouse after determination date (Wis. Stat. § 766.555(3)(b))15 |
No |
Yes |
No |
Yes |
No |
| Family-purpose16 obligation incurred after determination date (Wis. Stat. § 766.555(3)(c)) |
Yes |
Yes |
Yes |
Yes |
No |
Figure 2
Obligations Arising from Credit Card Plans to
Which Both Spouses are Parties
(Account Opened After Determination Date) 12
Nature of obligation
|
All marital property available to satisfy? |
Incurring spouse’s interest in marital property available to satisfy? |
Nonincurring spouse’s interest in marital property available to satisfy? |
Incurring spouse’s other property available to satisfy?
|
Nonincurring spouse’s other property available to satisfy? |
| Spouse’s obligation to satisfy duty of support to other spouse or child of marriage (Wis. Stat. § 766.55(2)(a)) |
Yes |
Yes |
Yes |
Yes |
No |
| Family purpose obligation, generally (Wis. Stat. § 766.55)(2)(b)) |
Yes |
Yes |
Yes |
Yes |
No |
| Obligations incurred during marriage attributable to obligation arising before marriage (Wis. Stat. § 766.555(2)(c)) |
No |
Yes (provided it would have been the spouse’s property except for the marriage) |
No |
No |
Yes |
Tort obligations
|
No |
Yes |
No |
Yes |
No |
Other obligations not falling into preceding categories
|
No |
Only after exhausting other property of incurring spouse |
No |
Yes |
No |
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