Question Details:

I worked for a company for approximately 14 years before my wife and I were married. About 6 months after my marriage, my interest in my company’s pension plan was vested. My wife and I have been married for about 15 years. Now we are getting a divorce. Is my pension subject to division, even though I worked for the company for 14 years before my marriage?

Family Law Attorney Response:

Unfortunately, it just may be. According to section 767.255 (which explains exclusionary status) (1) acquired by gift, bequest, devise or inheritance, or (2) paid for with funds so acquired, accounts for property or assets which are generally excluded from marital property division. This was demonstrated in the case of Rodak v. Rodak 150 Wis. 2d 624, 442 N.W.2d 489 (Ct. App. 1989). In this case, the interest in the husband’s pension was vested two months after the marriage. The trial court included the pension’s full amount in the marital property. The husband appealed, and the court of appeals affirmed. I advise you to contact an experienced family law attorney right away.

Dan Exner, J.D.

Family Law Attorney

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