You may file a separate return if you were married as of December 31 of the tax year, and you and your spouse do not file a joint return. In most instances, if you file a separate return, you will pay more state tax than if you file jointly.

Is Wisconsin a spousal state?

Wisconsin is considered to be a community property state. This means that in the event of a divorce, annulment, or legal separation, all marital property will be divided equally between the two spouses. If a spouse has inherited property, or been given property as a gift, it is not considered marital property.

Do you have to pay your spouse’s debt automatically in Wisconsin?

You may have liability for your spouse’s debt even if you had no knowledge of the account. But Wisconsin’s community property law for spousal debt is tricky, so do not assume you must pay your spouse’s debt automatically.

What does the Marital Property Act in Wisconsin mean?

Wisconsin Marital Debt. Under the the Marital Property Act, debts arising after marriage and after the effective date of the Act are family purpose obligations. The law therefore assumes that the debt was incurred in the interest of the marriage or family, unless the debtor shows otherwise (Wis. Stats.

Do you have to pay your spouses community property in Wisconsin?

Be careful — Wisconsin community property law is tricky. Wisconsin is one of 10 community property states. You may have liability for your spouse’s debt even if you had no knowledge of the account. But Wisconsin’s community property law for spousal debt is tricky, so do not assume you must pay your spouse’s debt automatically.

Do you take on your spouse’s debt when you marry?

However, the IRS says debt taken on by either spouse after the wedding is automatically a shared debt. Even if your spouse opens up a line of credit in their name only, you could still be liable for that debt. Creditors can go after a couple’s joint assets to pay an individual’s debt.