Archives: Property Division
Steinmann Decision Contains Puzzling Implications
Published: Monday, June 16th, 2008
Last month, the Wisconsin Supreme Court issued its decision in its only pending family law case, Steinmann v. Steinmann. This is the first of three articles which will discuss the case, and its puzzling implications.
Steinmann Decision “Ball of Confusion” on Maintenance
Published: Monday, June 16th, 2008
In this series of articles, Attorney Gregg Herman discusses the Wisconsin Supreme Court’s decision in Steinmann v. Steinmann, which dealt with post-nuptial marital property agreements and property division issues.
Double Counting Remains Difficult Issue for Courts
Published: Monday, January 14th, 2008
This is the last of a series of three articles discussing the recent Wisconsin Court of Appeals decision in Wright v. Wright, No. 2006AP2111 (Wis. Ct. App. Dec. 4, 2007), which was recommended for publication. As discussed in the previous articles, the appellate court affirmed most of the trial court’s rulings on property division, which […]
Decision Appears to Limit Trial Court’s Discretion
Published: Monday, January 7th, 2008
This is the second in a series of three articles discussing the recent Wisconsin Court of Appeals decision in Wright v. Wright, No. 2006AP2111 (Wis. Ct. App. Dec. 4, 2007) (recommended for publication). As discussed in the previous article, the appellate court affirmed most of the trial court’s rulings on property division, holding that the […]
Wright: A Troubling Maintenance Ruling
Published: Monday, December 31st, 2007
The following series of articles, which originally ran in Wisconsin Law Journal, discusses the court’s holding in Wright v. Wright and its possible ramifications on property division and spousal maintenance.
Dissipation and Financial Fault
Published: Sunday, October 1st, 2006
Although marital fault is not relevant to property division in Wisconsin, financial fault is very much relevant.
Failure to Increase Martial Estate Differs from Dissipation of Assets
Published: Wednesday, October 19th, 2005
In Noble v Noble, the Wisconsin Court of Appeals clarifies the line between dissipation and acceptable financial conduct.
Potential Derr v. Derr Problems
Published: Wednesday, April 20th, 2005
In my March 30 column, I praised the Wisconsin District IV Court of Appeals for their opinion in Derr v. Derr. However, a lesser portion of the opinion might prove problematic.
Derr Decision Helps ‘Cut Through the Haze’
Published: Wednesday, March 30th, 2005
This column has criticized appellate courts from time-to-time for inconsistency in their use of language. Recently, the District IV Court of Appeals used their opinion in Derr v. Derr to clear up years of confusion regarding non-divisible property. The result is a clear, consistent scheme which will undoubtedly serve as the lodestar for trial courts for many years to come.
2004 Wisconsin Court of Appeals Review
Published: Wednesday, February 2nd, 2005
In a previous article, we looked at the Wisconsin Supreme Court’s significant family law cases from 2004. In this article, I will focus on significant 2004 cases decided by the Wisconsin Court of Appeals.