Should my benefits be included in property division?
Dan Exner, J.D. | July 22, 2014
– from Katherine L. in Glendale, WI
My husband and I are going through a divorce. I have a pension set up and am wondering if it should be included in the marital estate.
Family Law Attorney Response:
Thank you for your question. A pension plan can be crucial to someone when looking at marital assets and dividing up property. For that reason, courts tend to include pensions in the marital estate.
In the case of Pelot v. Pelot, 116 Wis.2d 339, 342 N.W.2d 64 (Ct.App. 1983), the court of appeals reviewed pensions and decided that when a divorce is granted, the present value of a pension fund should usually be included in the marital estate for purposes of property division. A property interest in a pension plan usually cannot be divided but its value should be taken into account; that value is its present value when the divorce is granted.
I hope this answers your question, if it doesn’t or you have another on, contact us so we can help you out.