– from Barbara B. in Jackson, WI

Question Details:

I have limited legal knowledge. I understand what a hardship determination is, but what factors do courts look at when deciding on a hardship determination?

Family Law Attorney Response:

Thank you for your question. The court has a long list of factors to review when making a hardship determination.

The factors (as stated in Hughes v. Hughes, 148 Wis.2d 167, 434 N.W.2d 813 (Ct. App. 1988)) are seen below:

  • concern for the party’s comfort and convenience
  • the party’s age and health problems
  • the party’s meager income, lack of education and bleak future
  • the opposing party’s concealment and division of marital assets to the detriment of the marital estate
  • the opposing party’s commingling of marital funds with other property to the detriment of the marital estate
  • the opposing party’s inability to pay present or future maintenance
  • necessity for the party to live off property division if only marital assets were considered
  • the party’s inability to provide herself with a proper lifestyle were the inherited property not divided

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

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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