Wyoming Marital Property Division Guide

Wyoming follows equitable distribution for dividing property in divorce under Wyo. Stat. § 20-2-114. What makes Wyoming unusual is its all-property approach—courts can divide any property owned by either spouse, including assets acquired before marriage. This means premarital property, inheritances, and gifts may all be subject to division. Whether you're pursuing an uncontested or contested divorce in Wyoming, understanding how courts exercise their broad discretion is essential.

This guide explains Wyoming's equitable distribution framework, the factors courts consider, special protections for veterans, and strategies to protect your financial interests.

Wyoming's Equitable Distribution Approach

Under Wyo. Stat. § 20-2-114, courts must make "such disposition of the property of the parties as appears just and equitable." This gives Wyoming judges significant discretion to divide property fairly based on the circumstances of each marriage.

Key principles of Wyoming's approach:

• Fair, not necessarily equal: Equitable means fair, which may or may not result in a 50/50 split
• All property is potentially divisible: Unlike most states, Wyoming can divide premarital assets
• Judicial discretion: Courts consider the unique circumstances of each marriage
• No rigid formulas: Division depends on multiple factors, not mathematical calculations

The All-Property Approach

Wyoming is among a minority of states that can divide all property owned by either spouse, regardless of when or how it was acquired. This includes:

• Property acquired during marriage: Regardless of whose name is on the title
• Premarital property: Assets either spouse brought into the marriage
• Inherited property: Even if received by only one spouse
• Gifts: Including gifts from third parties

While courts can divide all property, it doesn't mean they always will. The source and nature of property is one factor among many. In short marriages, courts may be more inclined to return separate property to its original owner.

Factors Courts Consider

The statute directs courts to consider several factors when dividing property:

Respective Merits of the Parties

Courts consider how each spouse contributed to the marriage, including both financial contributions and non-monetary contributions like homemaking, childcare, and supporting a spouse's career.

Condition After Divorce

The court looks at what each spouse will face after divorce, including:

• Earning potential and employment prospects
• Age and health of each party
• Medical needs and ongoing care requirements
• Childcare responsibilities and costs
• Educational background and job skills

How Property Was Acquired

Courts consider whether property was:

• Purchased with marital funds during the marriage
• Brought into the marriage by one spouse
• Received as an inheritance or gift
• Acquired through one spouse's individual effort

Burdens on Property

The statute specifically mentions "burdens imposed upon the property for the benefit of either party and children." This includes mortgages, liens, and other encumbrances that affect value and ownership.

Role of Fault in Property Division

While Wyoming allows no-fault divorce based on "irreconcilable differences," the statute's reference to "respective merits" gives courts flexibility to consider conduct that affected the marriage or marital assets. Courts may consider:

• Economic misconduct: Dissipation, waste, or hiding of assets
• Financial neglect: Failure to contribute to the marriage
• Career sacrifice: One spouse supporting the other's education or advancement

Division of Retirement Benefits

The Wyoming Supreme Court has established that retirement benefits are marital property subject to division, regardless of vesting status. This includes:

• Vested pensions: Fully earned retirement benefits
• Non-vested pensions: Benefits not yet fully earned
• Immature benefits: Retirement accounts not yet payable
• 401(k)s and IRAs: All defined contribution accounts

QDROs in Wyoming

A Qualified Domestic Relations Order (QDRO) is typically required to divide employer-sponsored retirement plans:

• Must be prepared separately from the divorce decree
• Must comply with federal ERISA requirements
• Should be prepared while divorce is pending, not after
• Each retirement plan requires its own QDRO

Special Protection for Veterans

Wyoming statute provides special protection for veterans' disability benefits. Under Wyo. Stat. § 20-2-114:

• Veterans' disability compensation cannot be treated as divisible property
• Disability benefits cannot be used to offset military retirement division
• This protection aligns with federal law (38 U.S.C. § 5301)

However, veterans' disability benefits may still be considered when determining alimony or child support.

Alimony in Wyoming

Under the same statute, courts may award "reasonable alimony to either party out of the estate of the other." Key considerations include:

• Ability to pay: The paying spouse's financial capacity
• Need for support: The receiving spouse's financial needs
• Length of marriage: Longer marriages may warrant longer support
• Standard of living: The lifestyle established during marriage
• Health and age: Physical capacity to become self-supporting

Wyoming courts have broad discretion in setting alimony duration and amount. There are no statutory guidelines or formulas.

The Family Home

The marital residence often represents the largest asset. Wyoming courts have several options:

• Award to one spouse: With offsetting assets or a buyout payment
• Order sale: Divide proceeds according to the decree
• Deferred sale: Allow custodial parent to remain until children reach a certain age
• Consider custody: Courts often favor keeping children in the family home

Dividing Business Interests

Wyoming's economy includes significant ranching, energy, and small business interests. When businesses are involved in divorce:

• Valuation is critical: Professional appraisals are often necessary
• When started matters: But under all-property rules, premarital businesses can still be divided
• Goodwill consideration: Both personal and enterprise goodwill may be valued
• Liquidity issues: Courts consider ability to buy out a spouse

Ranch and agricultural operations require special attention, including valuation of land, equipment, livestock, and mineral rights.

How Wyoming Divides Debt

Debts are divided using the same equitable principles as assets:

• When incurred: During or before marriage
• Purpose: For family benefit or individual use
• Who incurred it: And whether the other spouse benefited
• Ability to pay: Each spouse's financial capacity

Important: A divorce decree assigning debt to one spouse doesn't release the other from creditor liability if both names are on the account.

Financial Disclosure Requirements

Wyoming requires comprehensive financial disclosure through the Confidential Financial Affidavit:

• Required in all cases involving support
• Must disclose all income, assets, and debts
• Initial disclosures due within 30 days after answer deadline
• Discovery tools available for further investigation

Failure to provide complete disclosure can result in sanctions, adverse inferences, or reopening of the judgment.

Protecting Assets During Divorce

Either party may request temporary orders to preserve assets during the divorce process:

• Status quo orders: Prevent selling, hiding, or dissipating assets
• Restraining orders: Prohibit specific actions
• Temporary support: Ensure bills are paid during proceedings
• Exclusive use: Award temporary possession of home or vehicles

Unlike some states, Wyoming does not have automatic temporary restraining orders (ATROs) upon filing—you must request them.

Estimate Your Wyoming Divorce Costs

Property division complexity significantly affects divorce costs. Wyoming's filing fee is $160 (set by statute). Use our calculator to estimate total expenses:

Practical Tips for Wyoming Property Division

1. Document everything: Keep records of all assets, debts, and their origins
2. Understand all-property rules: Nothing is automatically protected from division
3. Get valuations early: For real estate, businesses, and retirement accounts
4. Request temporary orders: Wyoming doesn't have automatic ATROs
5. Complete financial affidavits honestly: False disclosures have consequences
6. Address QDROs promptly: Don't wait until after the divorce is final
7. Document contributions: Both financial and non-monetary
8. Consider mediation: Often required in contested custody cases
9. Protect veterans' benefits: Know what cannot be divided
10. Plan for creditors: Debt assignment doesn't release joint liability

Property Division in the Divorce Timeline

Wyoming has no statutory waiting period beyond service and answer deadlines. Uncontested cases with complete agreements typically finalize in 6-12 weeks. Contested cases with custody or complex property can take 8-15 months. For the complete Wyoming divorce timeline and filing checklist, see our detailed guides.

Key Takeaways for Wyoming Property Division

Understanding Wyoming's property division rules helps you protect your interests:

• All-property state: Courts can divide any property, including premarital assets
• Equitable distribution: Fair division based on multiple factors, not automatic 50/50
• Judicial discretion: Courts have broad authority to achieve fairness
• Retirement benefits: All types are divisible, regardless of vesting
• Veterans protected: Disability benefits cannot be divided
• No automatic protections: Request temporary orders to preserve assets
• Source matters: How property was acquired is one factor among many
• Condition after divorce: Courts consider each spouse's future needs

For official forms and self-help resources, visit the Wyoming Judicial Branch Self-Help Center. Given Wyoming's all-property approach and broad judicial discretion, consulting with a Wyoming family law attorney is strongly recommended for divorces involving significant assets.