Johnson v. Johnson
Profit sharing trust cannot be both asset for division and income in awarding alimony.
Profit sharing trust cannot be both asset for division and income in awarding alimony.
Value of interest in retirement plan must be included in the division of property. Where pension is in pay-out status, least speculative means of valuation is to fix percentage of each pension payment.
Where wife receives immediate payout from pension pursuant to a QDRO, the distributions are part of her share of the estate and not income to her in determining maintenance.
Federal pension rights are divisible, even if they are in lieu of non-divisible social security.
Value of railroad pension cannot be taken into account in calculating value of marital estate.
General appearance is a consent to jurisdiction of court for all matters, including division of military pension.
Unless otherwise excluded by law, military retired pay must be considered by the circuit court in dividing the property in a divorce proceeding.
Circuit court erred by concluding that spendthrift provision of Wis. Stat. §62.63 (4) bars it from considering City of Milwaukee pension as part of the marital estate. While the court cannot directly divide the pension, it has discretionary authority to order a payout or other orders to effectuate an equitable division of property.
Trial court did not erroneously exercise its discretion when it declined to reopen judgement for Milwaukee County backdrop pension.
Wife was entitled to husband’s disability benefits where husband opted to received disability benefits in lieu of pension benefits.