– from Charles X. in Brookfield, WI

Question Details:

After my wife and I went through our divorce, the trial court awarded me most assets (my wife was a secretary and I am a dentist). However, I also must make periodic payments in order to equalize the division of the estate. I want to appeal because my wife does not have to worry about taxes on her estate, but I do. Should I appeal?

Family Law Attorney Response:

I need more detail regarding the estate, but there is a slight possibility that an appeal would reverse the original ruling.

In the case of Ashraf v. Ashraf, 134 Wis.2d 336, 397 N.W.2d 128 (Ct. App. 1986), the court of appeals did not reverse the trial court’s division as it was possible for the husband to not lose a large amount of estate due to taxes. However, when dividing the estate, a trial court should be aware of the tax consequences of its rulings and take such consequences of any proposed division into consideration when making its ruling.

Give me a call so we can discuss the details and find the best option for you.

Dan Exner, J.D.

Family Law Attorney

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