In Re Marriage of Duffy v. Duffy
When installment payments are awarded to one party in a divorce, interest is appropriate.
Ashraf v. Ashraf
(1) Court gave due consideration to husband’s costs and tax considerations in making property division. (2) Court abused its discretion by using its own figure of 15% as a tax reduction on retirement plans, thus ignoring uncontradicted expert opinion.
Marriage of Schinner v. Schinner
Sometimes an asset can be used for property division or support, but not both. No error by trial court, then, by ordering that bonus would be divided, but not considered as a change in circumstances for maintenance increase.
In Re Marriage of Kennedy v. Kennedy
(1) Once trial court uses QDRO to divide pension, present value is irrelevant to the property division. No unfairness to husband that wife can beg In Receiving immediate benefits, while he is not presently eligible. He could be eligible if he chose to retire. (2) Pension pay-out is distribution of estate and is not calculated into maintenance equation.
Marriage of Schwartz v. Linders
Needs are a proper consideration in property division.
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.