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Cases of Interest: Wisconsin
© National Legal Research Group, Inc.

Alimony (full category)

WISCONSIN: In re Marriage of Maley, ___ Wis. 2d ___, 519 N.W.2d 717 (Ct. App. 1994).
Capital gain derived by husband from selling an asset awarded to him from the marital estate should not be included as income for child support purposes, where the sale price of the asset was no greater than the value placed on the asset at the time of divorce.
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Classification of Assets (full category)

WISCONSIN: Sharon v. Sharon, 178 Wis. 2d 481, 504 N.W.2d 415 (Ct. App. 1993).
Husband's accounts receivable from medical practice were properly classified as assets subject to property division.
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WISCONSIN: Preuss v. Preuss, ___ Wis. 2d ___ , 536 N.W.2d 101 (Ct. App. 1995).
The offspring of a dairy herd which the wife received as a gift before the marriage were not themselves "gifts" which should have been treated as the wife's separate property.
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WISCONSIN: Metz v. Keener, ___ Wis. 2d ___, 573 N.W.2d 865 (Ct. App. 1997).
The retained earnings fund of the wife's inherited corporation was properly included in the marital estate.
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Closely Held Corporations (full category)

WISCONSIN: Metz v. Keener, ___ Wis. 2d ___, 573 N.W.2d 865 (Ct. App. 1997).
The retained earnings fund of the wife's inherited corporation was properly included in the marital estate.
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Division (full category)

WISCONSIN: Preiss v. Preiss, ___ Wis. 2d ___, 617 N.W.2d 514 (Ct. App. 2000).
The division of the husband's pension plan as of the date of retirement, rather than as of the date of divorce, was warranted. On the other hand, the inclusion of the value of the husband's accumulated sick leave as an asset of the marital estate was error.
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Double Dipping (full category)

WISCONSIN: Olski v. Olski, ___ Wis. 2d ___, 540 N.W.2d 412 (Ct. App. 1995).
The portion of a former spouse's pension attributable to postdivorce employment, and therefore not subject to division as marital property at divorce, may be treated as income for postdivorce maintenance obligations.
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Gifts (full category)

WISCONSIN: Preuss v. Preuss, ___ Wis. 2d ___ , 536 N.W.2d 101 (Ct. App. 1995).
The offspring of a dairy herd which the wife received as a gift before the marriage were not themselves "gifts" which should have been treated as the wife's separate property.
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Incarceration (full category)

WISCONSIN: In re Marriage of Modrow, No. 00-1868 (Wis. Ct. App. Aug. 29, 2001).
The father was incarcerated for his fifth operating a motor vehicle while intoxicated offense. He appealed the determination of child support, contending that the court should have used his actual income, rather than his earning capacity.
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Joinder (full category)

WISCONSIN: Knafelc v. Dain Bosworth, Inc., ___ Wis. 2d ___, 591 N.W.2d 611 (Ct. App. 1999).
The wife's securities fraud action against the husband did not have to be litigated in divorce court because it did not allege a cause of action for breach of good-faith duty between spouses.
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WISCONSIN: Caulfield v. Caulfield, ___ Wis. 2d ___, 515 N.W.2d 278 (Ct. App. 1994).
The wife's legal action against the husband for judgment on a loan note did not have to be joined with the parties' pending divorce action.
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Pensions (full category)

WISCONSIN: Preiss v. Preiss, ___ Wis. 2d ___, 617 N.W.2d 514 (Ct. App. 2000).
The division of the husband's pension plan as of the date of retirement, rather than as of the date of divorce, was warranted. On the other hand, the inclusion of the value of the husband's accumulated sick leave as an asset of the marital estate was error.
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WISCONSIN: Olski v. Olski, ___ Wis. 2d ___, 540 N.W.2d 412 (Ct. App. 1995).
The portion of a former spouse's pension attributable to postdivorce employment, and therefore not subject to division as marital property at divorce, may be treated as income for postdivorce maintenance obligations.
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WISCONSIN: Seidlitz v. Seidlitz, ___ Wis. 2d ___, 578 N.W.2d 638 (Ct. App. 1998).
When ruling on the husband's motion to modify maintenance, the trial court properly refused to consider the wife's income from the husband's pension which had previously been awarded to her in the parties' property division.
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Professional Practices (full category)

WISCONSIN: Sharon v. Sharon, 178 Wis. 2d 481, 504 N.W.2d 415 (Ct. App. 1993).
Husband's accounts receivable from medical practice were properly classified as assets subject to property division.
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WISCONSIN: Forester v. Forester, 174 Wis. 2d 78, 496 N.W.2d 771 (Ct. App. 1993).
Trial court did not adequately explain why it decided to exclude business debts from its valuation of husband's solo law practice.
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Third Parties (full category)

WISCONSIN: In re Marriage of Zabel, ___ Wis. 2d ___, 565 N.W.2d 240 (Ct. App. 1997).
Joinder of the husband's mother in the parties' divorce action was proper under the statute on joinder of persons needed for a just and complete adjudication, where the wife claimed that real estate titled in the mother's name was marital property. The wife in this divorce case filed a third-party complaint alleging that realty titled in the mother's name was marital property.
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Transmutation of Property (full category)

WISCONSIN: Spindler v. Spindler, ___ Wis. 2d ___, 558 N.W.2d 645 (Ct. App. 1996).
A cottage that was a gift to the husband during the parties' marriage should not have been classified as marital property, despite the use of marital funds for the maintenance and upkeep of the property.
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Trusts (full category)

WISCONSIN: Friebel v. Friebel, ___ Wis. 2d ___, 510 N.W.2d 767 (Ct. App. 1993).
Income from spendthrift trust established for wife by her father was her separate property.
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Valuation of Property (full category)

WISCONSIN: Ayres v. Ayres, ___ Wis. 2d ___, 602 N.W.2d 132 (Ct. App. 1999).
The wife's claim that the appreciated value of company stocks given to the husband was attributable to his efforts on behalf of the company was not supported by the record.
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WISCONSIN: Forester v. Forester, 174 Wis. 2d 78, 496 N.W.2d 771 (Ct. App. 1993).
Trial court did not adequately explain why it decided to exclude business debts from its valuation of husband's solo law practice.
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