So, you got married and you didn’t get a prenup. Perhaps now you are wishing you did,
wondering what you missed out on, or just don’t know what this means for you. Well,
lots of people marry without a prenup and in many circumstances, seeking out a prenup
may not have been worthwhile.

If you do not have a prenup, Wisconsin law will apply during your divorce. Per
Wisconsin law, there is a presumption of equal property division, and most property is
defined as “marital”, which means it is subject to division. This means, without a prenup,
and absent any arguments otherwise, a Court will presumptively divide all marital
property 50/50. If this is what you would want to happen at divorce, then there is no
need for a prenup. Perhaps you are okay with an equal division because you did not
have substantial assets going into the marriage, or you truly believe that upon marriage,
what’s mine if yours.

If you don’t want an equal division, and you don’t have a prenup, don’t panic just yet.
Even though a prenup is the best way to protect yourself from a presumptive equal
division of property, there are lots of arguments an attorney can make to overcome the
presumption, depending on your circumstances. Additionally, if you are married without
a prenup, and you and your spouse don’t feel comfortable leaving it to Wisconsin law,
you can get a post nuptial agreement. A postnup is very similar to a prenup, except it is
created after you are already married. Still, you and your spouse can enter into
agreements about finances or property that differs from what Wisconsin law indicates
and more closely aligns with your preferences.