766.58 Marital property agreements.

343 words·~2 min read·/wi/chapter-766/766-58

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A marital property agreement shall be a document signed by both spouses. Only the spouses may be parties to a marital property agreement. A marital property agreement is enforceable without consideration.

(2)A marital property agreement may not adversely affect the right of a child to support.

(3)Except as provided in ss. 766.15 , 766.55

(4m), 766.57

(3)and 859.18

(6), and in sub.

(2), in a marital property agreement spouses may agree with respect to any of the following:

(a)Rights in and obligations with respect to any of either or both spouses’ property whenever and wherever acquired or located.

(b)Management and control of any of either or both spouses’ property.

(c)Disposition of any of either or both spouses’ property upon dissolution or death or upon the occurrence or nonoccurrence of any other event.

(d)Modification or elimination of spousal support, except as provided in sub.

(9).

(e)Making a will, trust or other arrangement to carry out the marital property agreement.

(f)Providing that upon the death of either spouse any of either or both spouses’ property, including after-acquired property, passes without probate to a designated person, trust or other entity by nontestamentary disposition. Any such provision in a marital property agreement is revoked upon dissolution of the marriage as provided in s. 767.375

(1). If a marital property agreement provides for the nontestamentary disposition of property, without probate, at the death of the 2nd spouse, at any time after the death of the first spouse the surviving spouse may amend the marital property agreement with regard to property to be disposed of at his or her death unless the marital property agreement expressly provides otherwise and except to the extent property is held in a trust expressly established under the marital property agreement.

(g)Choice of law governing construction of the marital property agreement.

(h)Any other matter affecting either or both spouses’ property not in violation of public policy or a statute imposing a criminal penalty.