Wisconsin law and public policy give significant preference to marriage and marital families. The structures of family law and divorce revolve around the idea that a couple who love each other will get married, have children in wedlock, and later get divorced if needed.
Yet many couples, especially in recent years, have chosen to cohabitate, merge finances, and raise families together without ever officially marrying. When these couples break up, they don’t have the ability to utilize the divorce system in order to divide their property equally and fairly, and, as a result, one spouse sometimes gets the short end of the stick.
As a recent Wisconsin Supreme Court case makes clear, one remedy for this situation that the courts have adopted is to allow former partners in a relationship to seek unjust enrichment claims against the other when the assets of a relationship are not evenly divided.