Marital property division in a Wisconsin divorce includes not only the division of assets but also division of marital debt. It is important to understand that regardless of who is ordered to pay marital debt, your contract with the creditor does not change. If your name is on a credit card or loan, you remain […]
Dividing Marital Property and Debt in Wisconsin
Wisconsin recognizes no fault divorce, on the grounds of irretrievable breakdown of the marriage. In general, no fault means that your relationship is no longer viable and cannot be repaired – it does not matter who is to blame for the breakdown of the marriage. After the decision to divorce is made, couples have many […]
Dividing Restricted Stock & Stock Options in a Divorce
Restricted stock refers to company shares that are granted to an employee at no cost, but cannot be transferred or cashed in until certain conditions are met such as a defined period of employment or when financial benchmarks are met. Stock options are offered to an employee to purchase company stock at a set price, […]
Dividing Marital Property in a Divorce : Short Term Marriage Versus Long Term Marriage
Although Wisconsin is a community property state, which means couples split assets 50/50 in a divorce, the court has discretion to consider various factors when deciding what is fair and equitable when dividing marital assets. Two significant factors that the court will consider are the length of the marriage and the property each spouse brought […]
Wisconsin Marital Asset Division for the Stay at Home Mom
More than a quarter of mothers are stay-at-home moms in the U.S. who opt out of the workplace and a potential career to take care of their families. Often, this care-taking role not only includes juggling the children’s needs, but support the careers of spouses. When stay-at-home moms (or dads) get divorced, they may be […]
Financial Considerations When Dividing Marital Assets in a Divorce
Unless you have been through a divorce already, you will be faced with making decisions about finances and parenting without any point of reference. That is why it is important to have an experienced team on your side to navigate the legal, financial and emotional complexities you will more than certainly face during the process […]
Keeping Your Wisconsin Divorce Settlement Agreement on Track
The heart of a Wisconsin divorce settlement agreement will address issues of child custody and visitation, marital property division, spousal maintenance (alimony) and child support. Many hope to reach a settlement to avoid going to court, but it often takes a skilled negotiator to make it happen if the parties do not agree on the […]
When Separate Property Becomes Marital Property
Even though your name might not be on the title of the car or house, Wisconsin is a community property state in a divorce, so half of the marital assets are yours under most circumstances. This is regardless of whether your spouse earned more money or brought in all of the income during the marriage […]
Dividing Retirement Benefits
Poorly drafted divorce agreements involving dividing retirement benefits such as 401ks, IRAs and pensions are a common issue resulting in post-divorce litigation. Sometimes, specific details are not addressed in the agreement or a step in the execution process is overlooked. Unfortunately, not getting it right the first time can lead to the loss of valuable […]
Qualified Domestic Relations Order
Dividing retirement assets such as 401K’s and pensions as part of a divorce settlement require a Qualified Domestic Relations Order (QDRO). A Qualified Domestic Relations Order is a legal document that divides the assets in a retirement plan between spouses. Because the employer’s retirement fund often requires the plan holder to initiate the starting date […]