– from Fred R. in Hartland, WI

Question Details:

I have a retirement plan set up from my job, there is not much in it and I have not touched it yet. Will this be included in my marital estate when looking at property division?

Family Law Attorney Response:

Retirement plans can be both included and excluded from the property division, it is based on the court’s discretion.

In the case Peterson v. Peterson, 126 Wis.2d 264, 376 N.W.2d 88 (Ct. App. 1985), the court of appeals made a ruling regarding retirement plans. If a retirement plan has not been used or contributed to and cannot be used for a long time, the court will not include that in property division. Retirement plans fall into the criteria that can be divided based off the discretion of the court.

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

Dan Exner, J.D.

Family Law Attorney

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