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.