In Re Marriage of Overson v. Overson


125 Wis. 2d 13, 16-19, 370 N.W.2d 796 (WI Ct. App., 1985)


(a)  The trial court abused its discretion by not reflecting a consideration of interest payments on the installment property division payments.  (b) Cohabitation alone is not sufficient reason to terminate maintenance payments – the court must consider the actual financial condition of the recipient former spouse.  ( c) The trial court, violated the prohibition against considering an asset both as marital property subject to division and as a factor in a party’s future income for the purpose of determining maintenance by using the sale of property is determining husband’s income.  (d) The fact that assets were acquired during the pendency of the divorce action is irrelevant in determining the size of the marital estate at the time of divorce.

[ Full Opinion ]