Does property have to be divided equally in Wisconsin divorces? | Sterling Law Offices, S.C. global $post;
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 – from Anne Q. in Genesee, WI

Question Details:

My husband and I were married for 16 years. We filed for a divorce this past year. Five years ago, I suffered an automobile accident. My insurer made a lump-sum settlement to compensate me for the injuries and satisfy any potential future claims from my husband or myself. During our filing for divorce, the trial court judge viewed the settlement as marital property and split it in half. I want to appeal this as I believe the majority of the settlement should go to me. Does marital property have to be split in half?

Family Law Attorney Response:

I will need more details from you before I know your chances, however there is a chance to appeal the court’s decision.

In Mack v. Mack 108 Wis.2d 604, 323 N.W.2d 153 (Ct. App. 1982), the court of appeals made a general rule regarding property division. The general rule is property should be divided equally. However, courts can consider other relevant factors and alter the division. Personal Injury settlements acquired during the marriage is marital property, but apportionment can be altered from the presumed equal division due to the continuing effect on the injury.

Give me a call with more details surrounding the injury and the settlement so we can see if you have a strong case for appeal.

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

Managing Partner

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