Wyoming Property Division | WY Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

In a divorce case, a court has to settle everything from the marriage so the parties can move on with their lives post-marriage. Among the many considerations that courts must make, a universal one is property division, specifically Wyoming property division.

No divorcing spouse should walk into court without retaining or consulting with a licensed Family Law attorney. A divorce that looks simple can easily be too complicated for a non-lawyer to handle alone. Lawyers also have the proper training and experience to tell the judge what a divorcing spouse wants or needs from the property division.

Property Division Divorce Laws in Wyoming

The purpose of Wyoming property division laws is to make sure that marital property is allocated to each spouse equitably, but not always in a 50-50 split. Wyoming marital property is divided under the considerations of Wyoming Statute §20-2-114 but the trial court judge receives great discretion when converting Wyoming marital property into separate Wyoming divorce property.

Wyoming is an equitable distribution state. This means that with regard to Wyoming divorce assets, anything the spouses brought into a marriage usually will not be included in Wyoming divorce assets or Wyoming divorce property.

However, separate & non-marital property may be included in property division if the trial judge feels this is necessary to make each spouse whole after the divorce. This is permitted under Wyoming case law.

What is considered Marital and Non-Marital Property?

Marital property is, in its most general sense, all items acquired during a marriage as well as separate items that were brought into a marriage and converted into marital property.
Non-marital property is property that each spouse had before the marriage or acquired individually without including it into the marital property. Some types of property are exemptions to marital property such as that deemed non-marital in a separate agreement as well as property acquired before the marriage.

The mere classification of marital vs. non-marital property may be irrelevant to the trial judge in certain situations but it will be up to the court to decide what property will be included in a property division.

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The final step is the allocation of marital property.

Judges decide how a marriage's assets should be divided based on factors such as the parties' abilities to support themselves and the marriage's length. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equitably among the spouses.
- Example 1: A joint savings account has $5,000. The court would most likely give a portion of the money to each spouse.
- Example 2: A joint savings account has $5,000. One spouse contributed $4,000 and the other contributed $1,000. The amount may be divided 50-50 or may be more balanced if the $1,000 contributor has fewer assets than the $4,000 contributor.
Retirement Plans: Divided based on the duration of the marriage at the time the benefits accrued, looking at the present value of the plan and/or survivor benefits.
- Example 1: A spouse got benefits in a retirement plan after working for 25 years and was married for 20 of those years. The ex-spouse would be entitled to a portion of the retirement plan that was acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it. However, the court may consider it in creating a property division order.
Vehicles: Divided based on the values at the date determined by the court. May be sold or given to a spouse outright.
- Example 1: A car is owned by a spouse The car may be sold with the proceeds divided between each spouse or given to a spouse outright.
- Example 2: A go-kart has a shared title. The go-kart may be sold with the proceeds going to each spouse or the go-kart may be given to a poorer spouse outright.
Insurance: Determined based upon each spouse's health, availability of alternate insurance and premium payments from marital income.
- Example 1: One spouse has covered the other under employer provided health insurance. The other spouse is in poor health and can not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time period and/or award money to the ailing spouse to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. The spouse may be required to remain on the policy or may receive a portion of the benefits.

Settling Disputes in a Divorce Case with Property and Asset Division

If a spouse is not complying with the property division order or you want to change the division, you may go back to court to seek enforcement or modification just as with any other judgment. The court will then decide how to proceed.

The trial court's determinations will not be changed by a higher court unless there are clear grounds to do so under Wyoming case law. This is extremely hard to prove.

Help From a Wyoming Property Divorce Lawyer

It can not be stressed enough that retaining a Wyoming property divorce lawyer is key to getting the fairest and most equitable result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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