Wisconsin Statutes

Wis. Stat. § 766.55 (2026)

Obligations of spouses

✓ current as of July 2026

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766.55766.55 Obligations of spouses.

766.55(1)(1) An obligation incurred by a spouse during marriage, including one attributable to an act or omission during marriage, is presumed to be incurred in the interest of the marriage or the family. A statement separately signed by the obligated or incurring spouse at or before the time the obligation is incurred stating that the obligation is or will be incurred in the interest of the marriage or the family is conclusive evidence that the obligation to which the statement refers is an obligation in the interest of the marriage or family, except that the existence of that statement does not affect any interspousal right or remedy.

766.55(2)(2) After the determination date all of the following apply:

766.55(2)(a)(a) A spouse’s obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from all marital property and all other property of the obligated spouse.

766.55(2)(b)(b) An obligation incurred by a spouse in the interest of the marriage or the family may be satisfied only from all marital property and all other property of the incurring spouse.

766.55(2)(bm)(bm) An obligation incurred by a spouse that is recoverable under s. 46.27 (7g), 2017 stats., or s. 49.496, 49.682, or 49.849 may be satisfied from all property that was the property of that spouse immediately before that spouse’s death.

766.55(2)(c)(c)

766.55(2)(c)1.1. An obligation incurred by a spouse before or during marriage that is attributable to an obligation arising before marriage or to an act or omission occurring before marriage may be satisfied only from property of that spouse that is not marital property and from that part of marital property which would have been the property of that spouse but for the marriage.

766.55(2)(c)2.2. An obligation incurred by a spouse before, on or after January 1, 1986, that is attributable to an obligation arising before January 1, 1986, or to an act or omission occurring before January 1, 1986, may be satisfied only from property of that spouse that is not marital property and from that part of marital property which would have been the property of that spouse but for the enactment of this chapter.

766.55(2)(cm)(cm) An obligation incurred by a spouse during marriage, resulting from a tort committed by the spouse during marriage, may be satisfied from the property of that spouse that is not marital property and from that spouse’s interest in marital property.

766.55(2)(d)(d) Any other obligation incurred by a spouse during marriage, including one attributable to an act or omission during marriage, may be satisfied only from property of that spouse that is not marital property and from that spouse’s interest in marital property, in that order.

766.55(2m)(2m) Unless the dissolution decree or any amendment to the decree so provides, no income of a nonincurring spouse is available for satisfaction of an obligation under sub. (2) (b) after entry of the decree. Marital property assigned to each spouse under that decree is available for satisfaction of such an obligation to the extent of the value of the marital property at the date of the decree. If a dissolution decree provides that the nonincurring spouse is responsible for satisfaction of the obligation, the obligation may be satisfied as if both spouses had incurred the obligation.

766.55(3)(3) This chapter does not alter the relationship between spouses and their creditors with respect to any property or obligation in existence on the determination date. An obligation of a guarantor, surety or indemnitor arising after the determination date under a guaranty or contract of indemnity or surety executed before the determination date is an obligation in existence on the determination date.

766.55(4)(4) Any written consent signed by a creditor which diminishes the rights of the creditor provided in this section is binding on the creditor.

766.55(4m)(4m) Except as provided under s. 766.56 (2) (c), no provision of a marital property agreement or of a decree under s. 766.70 adversely affects the interest of a creditor unless the creditor had actual knowledge of that provision when the obligation to that creditor was incurred or, in the case of an open-end plan, as defined under s. 766.555 (1) (a), when the plan was entered into. If a creditor obtains actual knowledge of a provision of a marital property agreement or decree after an obligation is incurred or an open-end plan is entered into, the provision does not adversely affect the interest of the creditor with respect to that obligation or plan, including any renewal, extension, modification or use of the obligation or plan. The effect of this subsection may not be varied by a marital property agreement or a decree. This subsection does not affect the application of ch. 706.

766.55(5)(5) This chapter does not affect the exemption of any property of spouses from availability for satisfaction of an obligation, provided by other law.

766.55(6)(6) Subsections (2) and (2m) and s. 859.18 do not affect the satisfaction of an obligation of a spouse from collateral or other security for that obligation.

766.55(7)(7) Property available under this chapter to satisfy an obligation of a spouse is available regardless of whether the property is located in this state or whether this chapter no longer applies because one or both spouses are no longer domiciled in this state.

766.55(8)(8) After the death of a spouse, property is available for satisfaction of obligations as provided in s. 859.18.

766.55 HistoryHistory: 1983 a. 186; 1985 a. 37; 1987 a. 393; 2013 a. 20, 92; 2019 a. 9; 2021 a. 239 s. 74.

766.55 AnnotationSub. (2) (c) bars the use of marital property income to satisfy pre-marital obligations, including modifications of support or maintenance under ch. 767. Burger v. Burger, 144 Wis. 2d 514, 424 N.W.2d 691 (1988).

766.55 AnnotationWhile sub. (2) (c) 2. precludes the state from satisfying a liable family member’s pre-marital or pre-Marital Property Act debt from a non-liable member’s income, it does not preclude the Department of Health and Social Services from considering the non-liable member’s income in determining the liable member’s ability to pay under ch. 46. J.G.W. v. Outagamie County Department of Social Services, 153 Wis. 2d 412, 451 N.W.2d 416 (1990).

766.55 AnnotationUnder sub. (2) (cm), neither an innocent spouse nor an innocent spouse’s insurer is liable for the tort obligations of a tortfeasor spouse. Bothe v. American Family Insurance Co., 159 Wis. 2d 378, 464 N.W.2d 109 (Ct. App. 1990).

766.55 AnnotationThe presumption that a debt is incurred in the interest of marriage does not apply to an obligation for support under sub. (2) (a), and thus sub. (2m) does not apply to obligations for spousal support. St. Marys Hospital Medical Center v. Brody, 186 Wis. 2d 100, 519 N.W.2d 706 (Ct. App. 1994).

766.55 AnnotationThe obligation of support is imposed under s. 765.001 and is not relieved simply because sub. (2) (a) may not apply. Sinai Samaritan Medical Center, Inc. v. Mc Cabe, 197 Wis. 2d 709, 541 N.W.2d 190 (Ct. App. 1995), 95-0012.

766.55 AnnotationThe definition of “creditor” under s. 766.01 (2r) does not apply to sub. (4m). A judgment creditor is a creditor for purposes of sub. (4m) and must have notice of the marital property agreement at the time the misconduct resulting in the judgment occurs in order for the agreement to be effective against the creditor. Journal Sentinel, Inc. v. Schultz, 2001 WI App 260, 248 Wis. 2d 791, 638 N.W.2d 76, 00-2595.

766.55 AnnotationA creditor’s right to reach property subject to division in a divorce is not determined by s. 767.255 [now s. 767.61], but is driven solely by the classification into which the obligation falls under this section. A restitution order imposed by a criminal judgment for conversion was an obligation resulting from a tort committed by the incurring spouse under sub. (2) (cm). Whether an obligation resulted from a tort requires examination of the spouse’s conduct that gave rise to the claim made. An individual’s conduct may constitute a tort without a civil judgment so concluding. Sokaogon Gaming Enterprise Corp. v. Curda-Derickson, 2003 WI App 167, 266 Wis. 2d 453, 668 N.W.2d 736, 02-0924.

766.55 AnnotationNecessaries and Family Purpose Debts. Rubenzer. Wis. Law. Oct. 1996.

766.55 AnnotationAfter the Split: The Marital Property Act’s Effects on Debt After Marriage. Pagel. Wis. Law. Nov. 2007.

Notes of Decisions

Cited in 48 cases (6 in the last 5 years), 1987–2025 · leading case: In Re Marriage of Curda-derickson v. Derickson, 2003 WI App 167 (Wis. Ct. App. 2003).

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In Re Marriage of Curda-derickson v. Derickson, 2003 WI App 167 (Wis. Ct. App. 2003). · cites it 45× “Because the restitution order was the result of conduct that constituted the tort of conversion, which tort was committed by only one spouse, we affirm the circuit court's conclusion that the restitution order is Richard's sole obligation pursuant to Wis. Stat. § 766.55 (2)(cm)…”

Mitchell Bank v. Schanke, 2004 WI 13 (Wis. 2004). · cites it 12× “Schmidt noted that under Wis. Stat. § 766.55 (2)(b), "an obligation incurred by a spouse in the interest of the marriage or the family may be satisfied only from all marital property and all other property of the incurring spouse.”

The Journal Sentinel, Inc. v. Schultz, 2001 WI App 260 (Wis. Ct. App. 2001). · cites it 33× “After a hearing, the circuit court concluded that the judgment against Cynthia constituted a tort obligation under Wis. Stat. § 766.55 (2)(cm) (1999-2000) 1 and that John and Cynthia's marital property agreement did not affect the Journal's right to use Cynthia's interest in the…”

Marriage of Poindexter v. Poindexter, 419 N.W.2d 223 (Wis. 1988). · cites it 14× “[15] Despite the classification of this income as marital property, the use of the income to satisfy the maintenance order is proscribed by sec. 766.55, Stats., the Act's provision on the obligation of spouses.”

In Re Sweitzer, 111 B.R. 792 (Bankr. W.D. Wis. 1990). · cites it 24× “Wis Stat § 766.55(2) (1987) provides: (2) After the determination date all of the following apply: (a) A spouse’s obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from all marital property and all other property…”

Courtyard Condo. Ass'n, Inc. v. Draper, 2001 WI App 115 (Wis. Ct. App. 2001). · cites it 13× “55 makes the nonjudgment debtor spouse's interest in marital property available to satisfy a judgment, § 816.”

In Re Marriage of Abitz v. Abitz, 455 N.W.2d 609 (Wis. 1990). · cites it 8× “55(2)(c)l and 2 provides: 1 Section 766.55 Obligation of spouse ... (2) After the determination date all of the following apply: .”

Park Bank-West v. Mueller, 444 N.W.2d 754 (Wis. Ct. App. 1989). · cites it 10× “In summary, we conclude that: (1) The loan, based on the Business Note and containing a separate written statement of family purpose *487 by the incurring spouse, created a marital obligation under sec. 766.55, Stats.; (2) Failure of the creditor Bank to give sec.”

Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005). · cites it 14× “§ 766.55. Section 803.045(2) provides: "In an action on an obligation described in s.”

United States v. Wahlen, 459 F. Supp. 2d 800 (E.D. Wis. 2006). · cites it 9× “Richard Duwayne Derickson, where the Wisconsin Court of Appeals held that the right to reach property to satisfy a restitution order is driven solely by the classification into which the obligation falls under Wis. Stat. § 766.55 . 266 Wis.2d 453 , 668 N.”

In Re Passmore, 156 B.R. 595 (Bankr. E.D. Wis. 1993). · cites it 6× “Both spouses’ interests in the funds garnished prepetition are subject to recovery by the creditors under Wis.Stat. § 766.55(2)(b) for an obligation incurred by either spouse in the interest of the marriage or the family.”

Grimm v. Grimm (In Re Grimm), 82 B.R. 989 (Bankr. W.D. Wis. 1988). · cites it 7× “§ 766.55. While this court need not determine which exact WMPA provision would be triggered it is important to note that: any state law distinction limiting a creditor to only a portion of the community property assets, or marshaling provisions requiring separate creditors to…”

Show all 48 citing cases →

— Wis. Stat. § 766.55(1) — 11 cases

Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005). “§ 766.55. Section 803.045(2) provides: "In an action on an obligation described in s.”

Park Bank-West v. Mueller, 444 N.W.2d 754 (Wis. Ct. App. 1989). “In summary, we conclude that: (1) The loan, based on the Business Note and containing a separate written statement of family purpose *487 by the incurring spouse, created a marital obligation under sec. 766.55, Stats.; (2) Failure of the creditor Bank to give sec.”

In Re Marriage of Curda-derickson v. Derickson, 2003 WI App 167 (Wis. Ct. App. 2003). “Because the restitution order was the result of conduct that constituted the tort of conversion, which tort was committed by only one spouse, we affirm the circuit court's conclusion that the restitution order is Richard's sole obligation pursuant to Wis. Stat. § 766.55 (2)(cm)…”

Mitchell Bank v. Schanke, 2004 WI 13 (Wis. 2004). “Schmidt noted that under Wis. Stat. § 766.55 (2)(b), "an obligation incurred by a spouse in the interest of the marriage or the family may be satisfied only from all marital property and all other property of the incurring spouse.”

In Re Passmore, 156 B.R. 595 (Bankr. E.D. Wis. 1993). “Both spouses’ interests in the funds garnished prepetition are subject to recovery by the creditors under Wis.Stat. § 766.55(2)(b) for an obligation incurred by either spouse in the interest of the marriage or the family.”

— Wis. Stat. § 766.55(2) — 15 cases

Grimm v. Grimm (In Re Grimm), 82 B.R. 989 (Bankr. W.D. Wis. 1988). “§ 766.55. While this court need not determine which exact WMPA provision would be triggered it is important to note that: any state law distinction limiting a creditor to only a portion of the community property assets, or marshaling provisions requiring separate creditors to…”

In Re Sweitzer, 111 B.R. 792 (Bankr. W.D. Wis. 1990). “Wis Stat § 766.55(2) (1987) provides: (2) After the determination date all of the following apply: (a) A spouse’s obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from all marital property and all other property…”

In Re Schmiedel, 236 B.R. 393 (Bankr. E.D. Wis. 1999).

— Wis. Stat. § 766.55(2)(a) — 5 cases

St. Marys Hosp. Med. Ctr. v. Brody, 519 N.W.2d 706 (Wis. Ct. App. 1994).

Sinai Samaritan Med. Ctr., Inc. v. McCabe, 541 N.W.2d 190 (Wis. Ct. App. 1995).

Eric L. Bizeau (Bankr. W.D. Wis. 2025).

— Wis. Stat. § 766.55(2)(b) — 13 cases

Hellenbrand Glass, LLC v. Pulvermacher (In re Pulvermacher), 567 B.R. 881 (Bankr. W.D. Wis. 2017).

Schmidt v. Waukesha State Bank, 555 N.W.2d 655 (Wis. Ct. App. 1996).

— Wis. Stat. § 766.55(2)(c) — 12 cases

Marriage of Poindexter v. Poindexter, 419 N.W.2d 223 (Wis. 1988). “[15] Despite the classification of this income as marital property, the use of the income to satisfy the maintenance order is proscribed by sec. 766.55, Stats., the Act's provision on the obligation of spouses.”

In Re Marriage of Abitz v. Abitz, 455 N.W.2d 609 (Wis. 1990). “55(2)(c)l and 2 provides: 1 Section 766.55 Obligation of spouse ... (2) After the determination date all of the following apply: .”

State v. Lazaro Ozuna, 2017 WI 64 (Wis. 2017).

In Re Pfalzgraf, 236 B.R. 390 (Bankr. E.D. Wis. 1999).

— Wis. Stat. § 766.55(2)(cm) — 8 cases

United States v. Wahlen, 459 F. Supp. 2d 800 (E.D. Wis. 2006). “Richard Duwayne Derickson, where the Wisconsin Court of Appeals held that the right to reach property to satisfy a restitution order is driven solely by the classification into which the obligation falls under Wis. Stat. § 766.55 . 266 Wis.2d 453 , 668 N.”

Bothe Ex Rel. Gross v. Am. Fam. Ins., 464 N.W.2d 109 (Wis. Ct. App. 1990).

Stuart v. Stuart, 421 N.W.2d 505 (Wis. 1988).

Stuart v. Stuart, 410 N.W.2d 632 (Wis. Ct. App. 1987).

— Wis. Stat. § 766.55(2)(d) — 5 cases

Schmidt v. Waukesha State Bank, 555 N.W.2d 655 (Wis. Ct. App. 1996).

St. Marys Hosp. Med. Ctr. v. Brody, 519 N.W.2d 706 (Wis. Ct. App. 1994).

— Wis. Stat. § 766.55(2)(e) — 1 case

In Re Pfalzgraf, 236 B.R. 390 (Bankr. E.D. Wis. 1999).

— Wis. Stat. § 766.55(2m) — 3 cases

St. Marys Hosp. Med. Ctr. v. Brody, 519 N.W.2d 706 (Wis. Ct. App. 1994).

The Scharine Grp., Inc. v. Tamera J. Drehmel (Wis. Ct. App. 2023).

— Wis. Stat. § 766.55(3) — 1 case

— Wis. Stat. § 766.55(4m) — 2 cases

The Journal Sentinel, Inc. v. Schultz, 2001 WI App 260 (Wis. Ct. App. 2001). “After a hearing, the circuit court concluded that the judgment against Cynthia constituted a tort obligation under Wis. Stat. § 766.55 (2)(cm) (1999-2000) 1 and that John and Cynthia's marital property agreement did not affect the Journal's right to use Cynthia's interest in the…”

Bank One, Appleton, NA v. Reynolds, 500 N.W.2d 337 (Wis. Ct. App. 1993).

— Wis. Stat. § 766.55(5) — 2 cases

St. Marys Hosp. Med. Ctr. v. Brody, 519 N.W.2d 706 (Wis. Ct. App. 1994).

— Wis. Stat. § 766.55(6) — 2 cases

St. Marys Hosp. Med. Ctr. v. Brody, 519 N.W.2d 706 (Wis. Ct. App. 1994).

— Wis. Stat. § 766.55(8) — 3 cases

St. Marys Hosp. Med. Ctr. v. Brody, 519 N.W.2d 706 (Wis. Ct. App. 1994).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.