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Divorce (Property & Debt Distribution)

Common Questions About Divorce (Property & Debt Distribution)

It is always easier if you and your spouse can reach an agreement about property and debts. However, if it is unlikely that you will be able to come to such an agreement, you will have to go to court where a judge will decide who gets what property and who has to pay what debts. The FindLaw Guide to Divorce and Property Division provides basic information on property division during a divorce.

Wyoming is an “equitable distribution” state, meaning the court will divide the property in a way that is fair considering several factors. In some cases, a fair division will be an equal (50/50) division. In other cases, however, the judge may decide to award one spouse a greater percentage of the marital property.

There are no hard and fast rules that determine who gets what property in a divorce action. The factors a judge may consider are:
Where the property came from (gift, inheritance, purchase);
If one spouse owned the property before the marriage;
If the spouses kept their money in joint or separate bank accounts;
How much money each spouse is making now and is expected to make in the future;
Whether it would make sense for a specific item to go to the parent with custody.

The court has considerable discretion when deciding how much weight these factors are given.

Equitable distribution is based on the idea that marriage is a partnership. Both spouses contribute to the partnership directly and indirectly, financially and non-financially, and the product of those contributions is able to be divided. Basically, a court will value the contributions of the spouse who is primarily responsible for raising the children, making a home, and an array of other personal services even though these contributions are not in the form of money.

Helpful things to know about equitable distribution in a divorce action:
Everything purchased during the marriage is subject to division;
Whose name or money was used to buy the property is not controlling;
The spouses, not the judge, have to prove what property exists;
Neither spouse should get rid of or sell off property in anticipation of divorce. Doing so may result in that spouse having to pay the other spouse back her or his share;
The court takes into consideration the merits of the parties and the condition in which each will be left after the divorce.

The type of property that will be divided is any land or houses, motor vehicles, home furnishings, money in bank accounts, stocks and bonds, pensions and retirement benefits, etc. The judge can also decide who should pay the marital debts. You should get a lawyer if retirement benefits, pensions, or real property (land or a house) will be issues in your divorce case. All marital property has to be divided, even the smaller items. This FindLaw checklist will allow you to formulate a property distribution for consideration in your case.

Not necessarily. While a court may consider title as evidence of separate property, title in and of itself does not determine whether an asset is separate or marital property. For more information, this Justia article answers many Frequently Asked Questions about equitable distribution.

If you and your former partner do not agree on how to divide your property, you will almost certainly need an attorney, and a judge will most likely have to decide. It is a good idea for unmarried couples to have a written agreement about property at the time they begin living together.

The divorce judgment will state which spouse should pay the debt but, for joint debts, you are both responsible for making sure that the creditor gets paid. If you both agreed to be responsible to pay at the time of the purchase, a divorce judgment does not change the creditor’s right to expect payment from both or either spouse.

If the bill is not paid, a creditor can ask for payment from both spouses. The creditor can also file a lawsuit against either one or both spouses for the unpaid bill.

The divorce judgment will probably state which spouse should pay the debt. But if the spouses were living together when one spouse made the purchase for family expenses, the other spouse is usually also responsible to the creditor and could be sued, too. If the spouses were separated when one spouse signed for the debt, the other spouse might not be responsible to the creditor unless the debt is for the children’s education, health, or support needs.

You can tell the creditor that your ex-spouse was ordered to pay in the divorce judgment. You can also give the creditor information about how to find your ex-spouse. In many cases, especially if your ex-spouse has more money than you do, the creditor will first try to get payment from the spouse who was ordered to pay the bill in the divorce. If you pay the bill or if the creditor brings a lawsuit against you, you may have the right to take your ex-spouse to court so you can get reimbursed (paid back) for the money you paid. It is important that any court order be specific about who is to pay which debt and what will happen if he or she doesn’t pay the debt ordered.

The Supreme Court of Wyoming has determined that retirement funds and pension accounts are marital property, whether vested, non-vested, or not matured, and are divisible upon divorce. Division of this type of property is very complex and there is no specific rule or arrangement that is applicable to each individual case. If you do have a retirement fund or your spouse has a retirement fund, you should seek the help of a legal professional.

Even if your decree of divorce awards you certain property, some types of property need additional documents to transfer title.  Title to property doesn’t automatically transfer to you, so depending on what you were awarded in your decree of divorce, you may still need additional documents to transfer title.  This includes retirement accounts or pension plans, real property (such as houses or land), vehicle or mobile home titles, bank or investment accounts.

If a retirement account or pension plan is divided in the decree of divorce, you will need a separate Qualified Domestic Relations Order (QDRO).

You will need a deed to transfer real property.

You may need an attorney to help you draft a QDRO or deed to transfer real property.  Click here for help finding a lawyer.

Retirement and pension plans can only be divided by a special order called a Qualified Domestic Relations Order (QDRO). If your decree of divorce awards you part of your spouse’s pension or retirement account, you must have a QDRO drafted, signed by the judge, filed, and served on the administrator of the retirement or pension plan.

Drafting a QDRO is complicated. There is no do-it-yourself form. Each retirement or pension plan may have different requirements for what is included in the QDRO. You will likely need a lawyer to help you draft a QDRO. Click here for help finding a lawyer.

Warning! If you don’t successfully submit a QDRO that is accepted by the administrator of the retirement or pension plan, you won’t get your share of retirement funds that were awarded in the decree of divorce.

Child Support:
Child support payments are neither deductible by the parent paying support nor taxable income to the parent receiving child support payments.

Exemptions:
Usually, the parent who has legal custody has the right to claim the child as a dependent for tax purposes, but can sign a form to give the other parent this right. For information about exemptions you should talk to a lawyer or call the IRS.

Spousal Support:
You have to pay taxes on spousal support payments you get and you can deduct spousal support payments you make. The Internal Revenue Service has special rules about what payments qualify as spousal support for tax purposes.

Property Transfers:
There are special tax rules about property transfers. For information about taxes, you can talk to a lawyer, accountant, tax preparer, or contact the IRS.

Forms About Divorce (Property & Debt Distribution)

Divorce Handout

Misc 5. Affidavit Following Service by Publication

Misc 5. Affidavit Following Service by Publication

Misc 6. Affidavit to Allow Service by Registered or Certified Mail

Misc 6. Affidavit to Allow Service by Registered or Certified Mail

Misc 7. Affidavit of Indigency & Request for Waiver of Fees

Misc 7. Affidavit of Indigency & Request for Waiver of Fees

Misc 8. Order on Indigency – Waiver of Fees

Misc 8. Order on Indigency – Waiver of Fees

Misc 9. Motion

Misc 9. Motion

Misc 10. Response to Motion

Misc 10. Response to Motion

Misc 11. Order on Motion

Misc 11. Order on Motion

Misc 12. Order Requiring Completion of Financial Affidavits

Misc 12. Order Requiring Completion of Financial Affidavits

Misc 13. Motion to Dismiss Action

Misc 13. Motion to Dismiss Action

Misc 14. Order of Dismissal

Misc 14. Order of Dismissal

Misc 15. Notice of Change of Employment or Insurance

Misc 15. Notice of Change of Employment or Insurance

Entire version of Miscellaneous Forms Pro se Packet

OSC 0. Order to Show Cause (Contempt of Court) Cover Sheet

OSC 0. Order to Show Cause (Contempt of Court) Cover Sheet

OSC 1. List of Order to Show Cause Forms

OSC 1. List of Order to Show Cause Forms

OSC 2. Instructions

OSC 2. Instructions

OSC 3. Checklist

OSC 3. Checklist

OSC 4. Motion for Order to Show Cause

OSC 4. Motion for Order to Show Cause

OSC 5. Affidavit in Support of Order to Show Cause

OSC 5. Affidavit in Support of Order to Show Cause

OSC 6. Order to Show Cause

OSC 6. Order to Show Cause

OSC 7. Order of Dismissal

OSC 7. Order of Dismissal

Entire version of Order to Show Cause Pro se Packet

Entire version of Order to Show Cause Pro se Packet

Misc 0 CS. Miscellaneous Forms Cover Sheet

Misc 0 CS. Miscellaneous Forms Cover Sheet

Misc 1. List of Miscellaneous Forms

Misc 1. List of Miscellaneous Forms

Misc 2. Instructions

Misc 2. Instructions

Misc 3. Affidavit to Allow Service by Publication

Misc 3. Affidavit to Allow Service by Publication

Misc 4. Notice of Publication

Misc 4. Notice of Publication

DNCD 1. List of Forms – Defendant – No children

DNCD 1. List of Forms – Defendant – No children

DNCD 2. Overview – Divorce no Children

DNCD 2. Overview – Divorce no Children

DNCD 3. Family Law Information and Instructions

DNCD 3. Family Law Information and Instructions

DNCD 4. Checklist for Defendant

DNCD 4. Checklist for Defendant

DNCD 5. Answer to Complaint for Divorce (no Children)

DNCD 5. Answer to Complaint for Divorce (no Children)

DNCD 6. Answer and Counterclaim to Complaint for Divorce (no Children)

DNCD 6. Answer and Counterclaim to Complaint for Divorce (no Children)

DNCD 7. Initial Disclosures

DNCD 7. Initial Disclosures

DNCD 8. Request for Setting

DNCD 8. Request for Setting

DNCD 9. Order Setting Divorce Trial and Requiring Pretrial Memorandums

DNCD 9. Order Setting Divorce Trial and Requiring Pretrial Memorandums

DNCD 10. Pretrial Disclosures

DNCD 10. Pretrial Disclosures

Entire version of Defendant Divorce with No Children Pro se Packet

Entire version of Defendant Divorce with No Children Pro se Packet

DNCP 4. Checklist for Plaintiff

DNCP 4. Checklist for Plaintiff

DNCP 5. Civil Cover Sheet

DNCP 5. Civil Cover Sheet

DNCP 6. Vital Statistics Form

DNCP 7. Complaint for Divorce no Children

DNCP 7. Complaint for Divorce no Children

DNCP 8. Summons

DNCP 8. Summons

DNCP 9. Acknowledgement and Acceptance of Service

DNCP 9. Acknowledgement and Acceptance of Service

DNCP 10. Initial Disclosures

DNCP 10. Initial Disclosures

DNCP 11. Reply to Counterclaim

DNCP 11. Reply to Counterclaim

DNCP 12. Application for Entry of Default

DNCP 12. Application for Entry of Default

DNCP 13. Affidavit of Plaintiff in Support of Default

DNCP 13. Affidavit of Plaintiff in Support of Default

DNCP 14. Entry of Default

DNCP 14. Entry of Default

DNCP 15. Affidavit for Divorce Without Appearance of Parties

DNCP 15. Affidavit for Divorce Without Appearance of Parties

DNCP 16. Request for Setting

DNCP 16. Request for Setting

DNCP 17. Order Setting Hearing

DNCP 17. Order Setting Hearing

DNCP 18. Order Setting Divorce Trial and Requiring Pretrial Statements

DNCP 18. Order Setting Divorce Trial and Requiring Pretrial Statements

DNCP 19. Pretrial Disclosures

DNCP 19. Pretrial Disclosures

DNCP 20. Decree of Divorce (no Children)

DNCP 20. Decree of Divorce (no Children)

DNCP 21. List of Addresses for the Clerk of District Court offices

DNCP 21. List of Addresses for the Clerk of District Court offices

Entire version of Plaintiff Divorce with No Children Pro se Packet

DNCD 0 CS. Divorce (no Children) Cover Sheet – Defendant

DNCD 0 CS. Divorce (no Children) Cover Sheet – Defendant

DWCP 26. Income Withholding For Support

DWCP 27. List of Addresses for the Clerk of District Court Offices

DWCP 27. List of Addresses for the Clerk of District Court Offices

Entire Version of Plaintiff Divorce with Minor Children Pro Se Packet

DWCD 0 CS. Divorce with Children Cover Sheet – Defendant

DWCD 0 CS. Divorce with Children Cover Sheet – Defendant

DWCD 1. List of Forms – Defendant – with Children

DWCD 1. List of Forms – Defendant – with Children

DWCD 2. Overview- Divorce with Children

DWCD 2. Overview- Divorce with Children

DWCD 3. Family Law Information and Instructions

DWCD 3. Family Law Information and Instructions

DWCD 4. Checklist for Defendant

DWCD 4. Checklist for Defendant

DWCD 5. Answer to Complaint for Divorce with Children

DWCD 5. Answer to Complaint for Divorce with Children

DWCD 6. Answer and Counterclaim to Complaint for Divorce with Children

DWCD 6. Answer and Counterclaim to Complaint for Divorce with Children

DWCD 8. Confidential Financial Affidavit

DWCD 8. Confidential Financial Affidavit

DWCD 7. Initial Disclosures

DWCD 7. Initial Disclosures

DWCD 9. Request for Setting

DWCD 9. Request for Setting

DWCD 10. Order Setting Divorce Trial and Requiring Pretrial Statements

DWCD 10. Order Setting Divorce Trial and Requiring Pretrial Statements

DWCD 11. Pretrial Disclosures

DWCD 11. Pretrial Disclosures

Entire version of Defendent Divorce with Minor Children Pro Se Packet

Entire version of Defendent Divorce with Minor Children Pro Se Packet

DNCP 0 CS. Divorce (no Children) Cover Sheet – Plaintiff

DNCP 0 CS. Divorce (no Children) Cover Sheet – Plaintiff

DNCP 1. List of Forms – Divorce no Children – Plaintiff

DNCP 1. List of Forms – Divorce no Children – Plaintiff

DNCP 2. Overview – Divorce no Children

DNCP 2. Overview – Divorce no Children

DNCP 3. Family Law Information and Instructions

DNCP 3. Family Law Information and Instructions

DWCP 6. Vital Statistics Form

DWCP 7. Complaint for Divorce (with Children)

DWCP 7. Complaint for Divorce (with Children)

DWCP 8. Summons

DWCP 8. Summons

DWCP 9. Confidential Statement of Parties for Child Support Order

DWCP 9. Confidential Statement of Parties for Child Support Order

DWCP 10. Acknowledgement and Acceptance of Service

DWCP 10. Acknowledgement and Acceptance of Service

DWCP 11. Initial Disclosures

DWCP 11. Initial Disclosures

DWCP 12. Confidential Financial Affidavit

DWCP 12. Confidential Financial Affidavit

DWCP 13. Affidavit of Imputed Income

DWCP 13. Affidavit of Imputed Income

DWCP 14. Child Support Computation Form & Net Income Calculation

DWCP 14. Child Support Computation Form & Net Income Calculation

DWCP 15. Reply to Counterclaim

DWCP 15. Reply to Counterclaim

DWCP 16. Application for Entry of Default

DWCP 16. Application for Entry of Default

DWCP 17. Affidavit of Plaintiff in Support of Default

DWCP 17. Affidavit of Plaintiff in Support of Default

DWCP 18. Entry of Default

DWCP 18. Entry of Default

DWCP 19. Affidavit for Divorce Without Appearance of Parties

DWCP 19. Affidavit for Divorce Without Appearance of Parties

DWCP 20. Request for Setting

DWCP 20. Request for Setting

DWCP 21. Order Setting Hearing

DWCP 21. Order Setting Hearing

DWCP 22. Order Setting Divorce Trial and Requiring Pretrial Statements

DWCP 22. Order Setting Divorce Trial and Requiring Pretrial Statements

DWCP 23. Pretrial Disclosures

DWCP 23. Pretrial Disclosures

DWCP 24. Decree of Divorce with Children

DWCP 24. Decree of Divorce with Children

DWCP 25. Order for Income Withholding

DWCP 25. Order for Income Withholding

Packet 9. Order to Show Cause (Contempt of Court)

Packet 10. Miscellaneous Forms

DWCP 0 CS. Divorce with Children Cover Sheet – Plaintiff

DWCP 0 CS. Divorce with Children Cover Sheet – Plaintiff

DWCP 1. List of Forms – Plaintiff – with Children

DWCP 1. List of Forms – Plaintiff – with Children

DWCP 2. Overview – Divorce with Children

DWCP 2. Overview – Divorce with Children

DWCP 3. Family Law Information and Instructions

DWCP 3. Family Law Information and Instructions

DWCP 4. Checklist for Plaintiff

DWCP 4. Checklist for Plaintiff

DWCP 5. Civil Cover Sheet

DWCP 5. Civil Cover Sheet

Packet 1. Divorce with Minor Children – Plaintiff

Packet 2. Divorce with Minor Children – Defendant

Packet 3. Divorce with No Children – Plaintiff

Packet 4. Divorce with No Children – Defendant

Resources About Divorce (Property & Debt Distribution)

Resources

Divorce and Family Law Glossary
Definitions for legal terms frequently used in family law type cases. From FindLaw.com.

Wyoming Divorce Overview
This handout provides an overview of Divorce procedures in Wyoming.

Find a Lawyer
Click the link above to learn more about finding a legal aid or private attorney.

Wyoming Statutes and Court Rules
Title 20 Domestic Relations
Wyoming Rules of Civil Procedure

Your local county library has print versions of Wyoming statutes and rules. The print set includes references to additional relevant Wyoming materials which you may find useful.

Information About Divorce Information About Spousal Support

Common Questions About Divorce (Property & Debt Distribution)

What happens to property and debt when there is a divorce?

It is always easier if you and your spouse can reach an agreement about property and debts. However, if it is unlikely that you will be able to come to such an agreement, you will have to go to court where a judge will decide who gets what property and who has to pay what debts. The FindLaw Guide to Divorce and Property Division provides basic information on property division during a divorce.

How is property divided in a divorce in Wyoming?

Wyoming is an “equitable distribution” state, meaning the court will divide the property in a way that is fair considering several factors. In some cases, a fair division will be an equal (50/50) division. In other cases, however, the judge may decide to award one spouse a greater percentage of the marital property.

There are no hard and fast rules that determine who gets what property in a divorce action. The factors a judge may consider are:
Where the property came from (gift, inheritance, purchase);
If one spouse owned the property before the marriage;
If the spouses kept their money in joint or separate bank accounts;
How much money each spouse is making now and is expected to make in the future;
Whether it would make sense for a specific item to go to the parent with custody.

The court has considerable discretion when deciding how much weight these factors are given.

What is equitable distribution?

Equitable distribution is based on the idea that marriage is a partnership. Both spouses contribute to the partnership directly and indirectly, financially and non-financially, and the product of those contributions is able to be divided. Basically, a court will value the contributions of the spouse who is primarily responsible for raising the children, making a home, and an array of other personal services even though these contributions are not in the form of money.

Helpful things to know about equitable distribution in a divorce action:
Everything purchased during the marriage is subject to division;
Whose name or money was used to buy the property is not controlling;
The spouses, not the judge, have to prove what property exists;
Neither spouse should get rid of or sell off property in anticipation of divorce. Doing so may result in that spouse having to pay the other spouse back her or his share;
The court takes into consideration the merits of the parties and the condition in which each will be left after the divorce.

What kind of property is divided in a divorce?

The type of property that will be divided is any land or houses, motor vehicles, home furnishings, money in bank accounts, stocks and bonds, pensions and retirement benefits, etc. The judge can also decide who should pay the marital debts. You should get a lawyer if retirement benefits, pensions, or real property (land or a house) will be issues in your divorce case. All marital property has to be divided, even the smaller items. This FindLaw checklist will allow you to formulate a property distribution for consideration in your case.

If title to property is in my name, do I automatically get it in a divorce?

Not necessarily. While a court may consider title as evidence of separate property, title in and of itself does not determine whether an asset is separate or marital property. For more information, this Justia article answers many Frequently Asked Questions about equitable distribution.

How is property divided if the couple is not married?

If you and your former partner do not agree on how to divide your property, you will almost certainly need an attorney, and a judge will most likely have to decide. It is a good idea for unmarried couples to have a written agreement about property at the time they begin living together.

After the divorce, who is responsible for debts that occurred during the marriage?

The divorce judgment will state which spouse should pay the debt but, for joint debts, you are both responsible for making sure that the creditor gets paid. If you both agreed to be responsible to pay at the time of the purchase, a divorce judgment does not change the creditor’s right to expect payment from both or either spouse.

If the bill is not paid, a creditor can ask for payment from both spouses. The creditor can also file a lawsuit against either one or both spouses for the unpaid bill.

After the divorce, who is responsible for a debt only one spouse signed for during the marriage?

The divorce judgment will probably state which spouse should pay the debt. But if the spouses were living together when one spouse made the purchase for family expenses, the other spouse is usually also responsible to the creditor and could be sued, too. If the spouses were separated when one spouse signed for the debt, the other spouse might not be responsible to the creditor unless the debt is for the children’s education, health, or support needs.

What can I do if my ex-spouse does not pay the bills as ordered in the divorce judgment?

You can tell the creditor that your ex-spouse was ordered to pay in the divorce judgment. You can also give the creditor information about how to find your ex-spouse. In many cases, especially if your ex-spouse has more money than you do, the creditor will first try to get payment from the spouse who was ordered to pay the bill in the divorce. If you pay the bill or if the creditor brings a lawsuit against you, you may have the right to take your ex-spouse to court so you can get reimbursed (paid back) for the money you paid. It is important that any court order be specific about who is to pay which debt and what will happen if he or she doesn’t pay the debt ordered.

Are retirement and pension accounts considered marital property?

The Supreme Court of Wyoming has determined that retirement funds and pension accounts are marital property, whether vested, non-vested, or not matured, and are divisible upon divorce. Division of this type of property is very complex and there is no specific rule or arrangement that is applicable to each individual case. If you do have a retirement fund or your spouse has a retirement fund, you should seek the help of a legal professional.

Are there other documents that are needed after the decree of divorce is finalized?

Even if your decree of divorce awards you certain property, some types of property need additional documents to transfer title.  Title to property doesn’t automatically transfer to you, so depending on what you were awarded in your decree of divorce, you may still need additional documents to transfer title.  This includes retirement accounts or pension plans, real property (such as houses or land), vehicle or mobile home titles, bank or investment accounts.

If a retirement account or pension plan is divided in the decree of divorce, you will need a separate Qualified Domestic Relations Order (QDRO).

You will need a deed to transfer real property.

You may need an attorney to help you draft a QDRO or deed to transfer real property.  Click here for help finding a lawyer.

What is a Qualified Domestic Relations Order (QDRO)?

Retirement and pension plans can only be divided by a special order called a Qualified Domestic Relations Order (QDRO). If your decree of divorce awards you part of your spouse’s pension or retirement account, you must have a QDRO drafted, signed by the judge, filed, and served on the administrator of the retirement or pension plan.

Drafting a QDRO is complicated. There is no do-it-yourself form. Each retirement or pension plan may have different requirements for what is included in the QDRO. You will likely need a lawyer to help you draft a QDRO. Click here for help finding a lawyer.

Warning! If you don’t successfully submit a QDRO that is accepted by the administrator of the retirement or pension plan, you won’t get your share of retirement funds that were awarded in the decree of divorce.

How will divorce affect my taxes?

Child Support:
Child support payments are neither deductible by the parent paying support nor taxable income to the parent receiving child support payments.

Exemptions:
Usually, the parent who has legal custody has the right to claim the child as a dependent for tax purposes, but can sign a form to give the other parent this right. For information about exemptions you should talk to a lawyer or call the IRS.

Spousal Support:
You have to pay taxes on spousal support payments you get and you can deduct spousal support payments you make. The Internal Revenue Service has special rules about what payments qualify as spousal support for tax purposes.

Property Transfers:
There are special tax rules about property transfers. For information about taxes, you can talk to a lawyer, accountant, tax preparer, or contact the IRS.

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Voice: 307-777-7316

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