How Wyoming Divides Property in Divorce (2026)

Wyoming is an equitable distribution state (Wyo. Stat. § 20-2-114). The District Court divides marital property fairly based on all relevant circumstances — not automatically 50/50.

Marital vs. Separate Property

Marital Property — Subject to Division

Property acquired by either spouse during the marriage:

• Income and wages earned during the marriage
• Real estate purchased with marital funds
• Retirement contributions made during the marriage
• Bank accounts, investments, personal property acquired during the marriage
• Business interests built during the marriage

Separate Property — Generally Set Apart

• Property owned before the marriage
• Gifts received by one spouse
• Inheritances received by one spouse

Note: Wyoming courts have equitable authority to address all property. Commingling or transmutation can convert separate property to marital.

Equitable Distribution — Wyoming Factors (Wyo. Stat. § 20-2-114)

Wyoming District Court considers all relevant factors including:

• The respective merits of the parties
• The condition they will be left in
• The party through whom the property was acquired
• The burdens imposed on the party for the benefit of the other
• Other relevant factors

Wyoming courts have broad discretion. Documented contributions to marital property — including homemaker contributions — are considered.

Alimony — Wyoming Courts Rarely Award Long-Term (Wyo. Stat. § 20-2-114)

Wyoming courts have authority to award alimony but in practice rarely award long-term alimony. This is one of Wyoming's most notable characteristics.

When alimony is awarded in Wyoming, it is typically:

• Short-term and rehabilitative (to allow the lower-earning spouse to become self-sufficient)
• Based on length of the marriage, health, and earning capacity
• Not intended to be permanent

Planning implication: If you are counting on long-term alimony in Wyoming, consult an attorney. Wyoming's historical practice is conservative on long-term awards.

Alimony waiver in Separation Agreement: "Each party waives any and all claims for alimony, now and forever."

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required after Decree
• Wyoming Retirement System (WRS): Wyoming state and public employees; contact retirement.wyo.gov for DRO procedures
• IRAs: Transfer incident to divorce — Decree language; direct rollover

Real Estate — Wyoming County Clerk

Wyoming property records are maintained by the County Clerk in each county.

After divorce:

1. Prepare Quitclaim Deed or Warranty Deed
2. Execute and notarize
3. Record at the Wyoming County Clerk in the county where the property is located
4. Fee: approximately $15–$30 per document

Last reviewed: March 2026 | Equitable distribution (Wyo. Stat. § 20-2-114) | Alimony rarely awarded long-term — notable Wyoming characteristic | Separate = pre-marital/gifts/inheritances | QDRO for ERISA plans | Wyoming WRS DRO — retirement.wyo.gov | Wyoming County Clerk — deed recording | courts.state.wy.us/court-self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.