– from Ashley D. in Shorewood, WI

Question Details:

I am in the midst of a divorce. My husband and I agreed that I am entitled to half of his pension. However, we cannot agree on how the pension will be paid in the event that either of us die. He claims that in the event one of us should die, I cannot claim my half of the pension. In this case, it will not become part of my estate. And if he dies, I have no right to it at all. I do not agree to this. Can I still claim my half of the pension in the event of death?

Family Law Attorney Response:

This can really go either way. The court always maintains discretion on these matters. However, you do have the right to appeal if you do not agree with the court’s decision.

To cite a similar situation, we can look to Mausing v. Mausing 146 Wis. 2d 92, 429 N.W.2d 768 (1988). A decision had been reached by the court that, in the event of the death of either party, the wife could not claim her half of the pension. She appealed. Upon certification from the court of appeals, the supreme court reversed the decision. This is one example as to how your case may play out.

I advise you to speak to an attorney about the specifics of your case right away.

Trisha Festerling, J.D.

Family Law Attorney

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