(1) Except as provided in sub. (2), when a creditor commences an action on an obligation described in s. 766.55 (2), the creditor may proceed against the obligated spouse, the incurring spouse or both spouses.
803.045.Actions to satisfy spousal obligations.
Ch. 803: Parties · Last amended 1985 · Last verified July 15, 2026
In one sentenceSection 803.045 lets a creditor pursuing a spousal obligation sue the obligated spouse, the incurring spouse, or both, and, once judgment is entered, go after either spouse’s marital property to satisfy it, without expanding what property the law otherwise makes available.
Full Text of Section 803.045
(2) In an action on an obligation described in s. 766.55 (2) (a) or (b), a creditor may proceed against the spouse who is not the obligated spouse or the incurring spouse if the creditor cannot obtain jurisdiction in the action over the obligated spouse or the incurring spouse.
(3) After obtaining a judgment, a creditor may proceed against either or both spouses to reach marital property available for satisfaction of the judgment.
(4) This section does not affect the property available under s. 766.55 (2) to satisfy the obligation.
Plain-English Summary
As a general rule, a creditor suing on an obligation described in section 766.55(2) may proceed against the obligated spouse, the incurring spouse, or both. For obligations described in section 766.55(2)(a) or (b) specifically, the creditor may instead proceed against the other spouse if it cannot obtain jurisdiction over the obligated or incurring spouse.
Once a judgment is obtained, the creditor may proceed against either or both spouses to reach marital property available to satisfy it. Section 803.045(4) makes clear this does not expand what property section 766.55(2) otherwise makes available to satisfy the obligation.
Frequently Asked Questions
Can a creditor sue either spouse for a debt one of them incurred?
Yes. Section 803.045 lets a creditor proceed against the obligated spouse, the incurring spouse, or both, on obligations described in section 766.55(2).
What if the creditor can’t get jurisdiction over the spouse who incurred the debt?
For certain obligations under section 766.55(2)(a) or (b), the creditor may instead proceed against the other spouse.
After winning a judgment, can a creditor reach property held by the spouse who wasn’t sued?
Yes. Once a judgment is obtained, the creditor may proceed against either or both spouses to reach marital property available to satisfy it.
Does this section create new marital property that creditors can reach?
No. Section 803.045(4) states that it does not affect what property is available under section 766.55(2) to satisfy the obligation.
Does this rule apply to every kind of spousal debt?
It applies to obligations described in section 766.55(2), which defines the categories of marital obligations this joinder mechanism covers.
Amendment History
History: 1985 a. 37.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: suing a spouse for marital debt wisconsinobligated spouse incurring spouse wisconsinmarital property creditor lawsuit wisconsincollecting a debt from a married couple wisconsin