In Re Marriage of Hokin v. Hokin
No absolute rule against double counting. Here, the trial court properly exercised discretion in counting the monthly retirement benefits as income to the wife given the husband’s age.
In Re Marriage of Wettstaedt v. Wettstaedt
When an employee-spouse’s pension is divided by QDRO, and no value is assigned to either spouse’s interest to be offset by other property awarded in the property division, a family court is not prohibited by the “double-counting” rule from considering pension distributions in determining maintenance.
In Re Marriage of Weiler v. Boerner
There is no absolute rule against double counting, so trial court did not wrongly count the value of the enhanced education benefit for the purpose of property division and maintenance.
McReath v. McReath
Circuit court did not double count the professional goodwill in its maintenance award since husband had the option of continuing to generate income form his orthodontic practice without diminishing its value.
Johnson v. Miller
Injunction was properly ordered where evidence provided adequate foundation that husband might engage in domestic abuse due to long history of past violence and violent conduct. Stepdaughter had legal interest in former marital residence, conveyed by a lease and husband was properly subject to restraining order.
Laluzerne v. Stange
Trial court erred by ordering mutual injunction without any allegation or evidence that husband abused or threatened wife.
Hayen v. Hayen
Once a court determines to issue a domestic abuse injunction, it must issue the injunction for the length of time requested by the petitioner.
Wittig v. Hoffart
No error by the trial court in considering acts underlying an earlier domestic abuse injunction, which was later vacated at by the victim. Doctrine of issue-preclusion does not apply.
Switzer v. Switzer
Circuit court erred by not extending domestic abuse injunction when it was originally granted for less than 4 years when the petitioner states the extension is necessary to protect him or her, even if the injunction has expired. Trial court could not make the four-year injunction conditional on wife filing a divorce action.
Articles on Disposal of Property/Dissipation of Assets
Articles and resources related to general discovery issues in divorce cases.