– from Carl O. in Sussex, WI

Question Details:

My wife and I are going through a divorce currently and the court is looking at division of property and assets. In my pension plan half is from my own contributions, the other half is from my employer. My interest is vested while my employer is not. Will the court value the pension fund at the full value in there or only my vested interest and contributions?

Family Law Attorney Response:

While your question seems simple, the answer is a bit more complicated.

In the case Heatwole v. Heatwole 103 Wis.2d 613, 309 N.W.2d 380 (Ct. App. 1981), the court ruled the trial court retains broad discretion in valuing pension rights and in dividing them between the parties. Where a pension fund is comprised in part of non-vested contributions, the trial court must consider all of the circumstances and evaluate the probability that the party has a contingent right to a pension will eventually enjoy that pension.

I hope this answers your question, if not give me a call and we can discuss this further.

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

Managing Partner

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