Archives: Property Division

The Wisconsin supreme court recently artfully danced around a few thorny policy issues when it released its long-awaited decision in LeMere v. LeMere, 2003 WI 67.

It is well-established that under Wisconsin law income from excluded, non-marital property, is marital property. However, the law is not as clear regarding the effect of appreciation of non-marital property. A recent court of appeals decision does little to clear up this confusion.

Collaborative divorce has been tried and tested in a number of states and is spreading throughout the country.

When a divorce is looming, but not yet filed, at what point must the husband and wife get court approval for family law agreements?

In few other areas of law do the parties to a lawsuit share as intimate a knowledge of each other as do those in a divorce case. In addition, in few other areas of law will the parties have an ongoing relationship with each other after the lawsuit is completed.

In Bonds v. Bonds, the California Supreme Court held that the failure of a spouse to secure independent legal representation during negotiations with the spouse who was promoting entry into a prenuptial agreement does not, per se, invalidate the agreement at the time of divorce.

As a result of June 7, 2000, a Supreme Court of Wisconsin case, Washington v. Washington, 2000 WI 47, trial courts now have the power to grant relief, even years after the judgment.

Pretend for a minute that Hillary was not as accepting of Bill’s infidelity as she appeared to be. What issues would arise in the divorce case of Clinton v. Clinton?

Stock options are a true “win-win” scenario for businesses and their executives. They only cost the business money if the company appreciates in value. For the employee, contrary to the normal rule of investing that the “greater the return, the greater the risk which must be run,” for stock options, there is a possibility of […]