Employee’s options as to payment of his pension benefits may be limited by a divorce court to ensure that the spouse will not be deprived of his or her equitable share.
Social security benefits are not retirement plan to be valued and considered in divorce.
Court can order husband to select pension payout option.
Court may order that pension payments continue after death. Court may order that nonemployee’s estate or named beneficiary receive share of benefits after non-employee’s death.
Imposition of a constructive trust is appropriate where husband died prior to retirement funds being divided, but the trust should include the investment experience on ex-wife’s portion of the retirement accounts through the date of payment.
Court erred in dismissing contempt action under Wis. Stats. §893.02 (Statute of repose) where wife began receiving retirement benefits without paying Husband contrary to divorce judgement, even though divorce was over 20 years before. A motion and OSC does not “commence an action” under that section. (Not published, but citable.)
Where other assets far exceed the value of the pension plan, it is not unreasonable for the court to award the plan in toto to the owner as part of his or her share of the property division.
Trial court erred in concluding that it could not exclude portion of husband’s pension earned prior to marriage.
Pension plan which spans marriage is a marital asset, subject to division.
Use of a coverture fraction to divide a retirement plan may be appropriate, but not in this case because the trial court considered the husband’s financial contributions to be greater than the wife’s contributions as homemaker and primary child caretaker.