Can a WI court use marital assets for maintenance decisions? | Sterling Law Offices, S.C. global $post;
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– from Debra B. in Wauwatosa, WI

Question Details:

My husband wants a divorce. I am accepting this but I feel I should receive maintenance since he has always been the main financial leader of our household. Part of our marital assets include a boat he purchased. I want nothing to do with the boat. I just want to use it to show how he makes money for personal expenditures and should be able to supply maintenance. Is this possible?

Family Law Attorney Response:

I would like to hear more about your case to make sure you qualify for maintenance.

However, it was decided in Schinner v. Schinner 143 Wis.2d 81, 420 N.W.2d 381, (Ct. App. 1988) that sometimes an asset can be used for either property division or support/maintenance purposes. Such as asset cannot be utilized for both purposes, though. You also must qualify for maintenance in order to utilize the asset for maintenance.

Give me a call to set up a consultation to discuss your case.

Trisha Festerling, J.D.

Family Law Attorney

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