– from Jennifer G. in Erin, WI

Question Details:

I know the court has the discretion to consider pension plans in marital estates during the division of property in a divorce, I am just curious as to what makes their discretion lean one way or the other?

Family Law Attorney Response:

Thank you for your question.

In Steinke v. Steinke, 126 Wis.2d 372, 376 N.W.2d 839 (1985), it was discussed that courts are more likely to consider pension plans in marital estates when a marriage is longer and both parties have an interest built up for some time.

If you have any more questions about property division, give me a call.

Trisha Festerling, J.D.

Family Law Attorney

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