Marriage of Parrett v. Parrett
Court has discretionary authority to order security for future property division payments.
In Re Marriage of Lang v. Lang
Premarital property is subject to division.
In Re Marriage of Luna v. Luna
Post-divorce income is not marital property under WI Stats §767.255.
In Re Marriage of Garceau v. Garceau
Trial court must include insurance company termination benefits, despite their speculative nature. Trial court can choose, per Bloomer, a method of valuation, but should not hold open division until termination. Prolonging asset division does not promote judicial administration and it is not in the parties’ best interests to drag out the divorce.
In Re Marriage of Preiss v. Preiss
Trial court properly charged husband with value of bank account where he withdrew funds, claiming legitimate household purposes. Court found he had funds to cover these expenses and that wife had similar expenses.
In Re Marriage of Modrow v. Modrow
Trial court properly delayed equalization payment from wife until after husband gets out of jail. Trial court also properly provided for a dollar-for-dollar offset of child support against property division payments.
In Re Marriage of McLaren v. McLaren
Trial court properly found that wife’s student loans (much of which were premarital) were included in the marital estate. The marital estate includes all assets and debts acquired during or before marriage unless specifically exempted by statute.
In Re Marriage of Scheuer v. Scheuer
The court did not have to consider the tax consequences of husband’s withdrawal from his IRA to make the equalization payment since it was anticipated that he would sell or refinance the homestead. Husband’s choice to raise funds through a method which resulted in a penalty is his erroneous exercise of discretion, not the court’s.
In Re Marriage of Bjorgo
Trial court affirmed for providing husband with ten years, without interest, for paying wife for her interest in his employer’s stock where he could not sell or transfer the stock per the shareholder’s agreement. (Not published, but citeable)
In Re Marriage of DeWitt v. DeWitt
Educational degree not a marital asset. Note: This case was under the old statute and was essentially overruled by Lundberg.