767.34.Court-approved stipulation.

Subch. IV: Annulment, Divorce, and Legal Separation · Last amended 2021 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.34 lets the parties stipulate on property, maintenance, support and custody subject to the court's approval, and sets out what the court may not approve.

Full Text of Section 767.34

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(1) AUTHORITY. The parties in an action for an annulment, divorce, or legal separation may, subject to the approval of the court, stipulate for a division of property, for maintenance payments, for the support of children, or for legal custody and physical placement, in case a divorce or legal separation is granted or a marriage annulled.

(2) LIMITATIONS ON COURT APPROVAL.

(a) A court may not approve a stipulation for child support or family support unless the stipulation provides for payment of child support determined in a manner consistent with s. 767.511 or 767.89.

(am) A court may not approve a stipulation for expressing child support or family support as a percentage of the payer’s income unless all of the following apply:

1. The state is not a real party in interest in the action under any of the circumstances specified in s. 767.205 (2) (a).

2. The payer is not subject to any other order, in any other action, for the payment of child or family support or maintenance.

3. All payment obligations included in the order, other than the annual receiving and disbursing fee under s. 767.57 (1e) (a), are expressed as a percentage of the payer’s income.

(b) A court may not approve a stipulation for a division of property that assigns substantially all of the property to one of the parties in the action if the other party in the action is in the process of applying for medical assistance under subch. IV of ch. 49 or if the court determines that it can be reasonably anticipated that the other party in the action will apply for medical assistance under subch. IV of ch. 49 within 30 months of the stipulation.

(3) APPROVAL OF STIPULATION FOR MODIFICATIONS CONTINGENT ON FUTURE EVENT.

(a) In this subsection, “future event” means a life event of a party or of the child or a change in the developmental or educational needs of the child.

(b) A court may approve a stipulation for legal custody and physical placement that includes modifications to legal custody or physical placement upon the occurrence of a specified future event that is reasonably certain to occur within 2 years of the date of the stipulation. A court may not approve a stipulation under this subsection that is based on an anticipated behavior modification of a party.

End

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1971 c. 220; 1977 c. 105; 1979 c. 32 ss. 50, 92 (4); Stats. 1979 s. 767.10; 1985 a. 29; 1987 a. 355; 1993 a. 16; 1993 a. 490 s. 276; 1995 a. 27; 2001 a. 16; 2005 a. 443 ss. 54, 168; Stats. 2005 s. 767.34; 2021 a. 20, 35.

Plain-English Summary

Agreement is encouraged; rubber-stamping is not. The parties in an annulment, divorce or legal separation may stipulate for a division of property, maintenance payments, child support, or legal custody and physical placement — subject to the approval of the court.

Three limits are express. A stipulation for child or family support may not be approved unless it provides for support determined consistently with the support sections. A stipulation expressing support as a percentage of the payer's income may not be approved unless every listed condition holds, beginning with the state not being a real party in interest. And a stipulation assigning substantially all the property to one party may not be approved where the other is applying for medical assistance, or where the court determines it can be established that the assignment was made for that purpose — a rule aimed squarely at using a divorce to shift assets before a benefits application.

The last subsection deals with agreements that look forward. The court may approve a stipulation for custody and placement that changes on a specified future event — a life event of a party or the child, or a change in the child's developmental or educational needs — but only where the event is reasonably certain to occur within 2 years of the stipulation.

Frequently Asked Questions

Can we settle our Wisconsin divorce by agreement?

Yes, subject to the court's approval. The parties may stipulate for a division of property, maintenance, child support, and legal custody and physical placement.

Can we agree a support figure that departs from the guidelines?

The court may not approve a stipulation for child or family support unless it provides for support determined in a manner consistent with the support sections.

Can we build a future change into the custody agreement?

Only for a specified future event that is reasonably certain to occur within 2 years of the date of the stipulation — a life event of a party or the child, or a change in the child's developmental or educational needs.

Can one spouse take everything by agreement?

Not where the other is applying for medical assistance, or where the court determines it can be established that the assignment was made for that purpose.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.34), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: Wisconsin divorce settlement agreementcourt approval stipulation divorcepercentage of income support stipulationmedical assistance property transfer