Are stocks a part of property division in a Wisconsin divorce? | Sterling Law Offices, S.C. global $post;
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– from Judy B. in Polk, WI

Question Details:

My husband and I are going through a divorce. From my work I received stock benefits. Are the stock benefits included in a marital estate, and if so how are they divided?

Family Law Attorney Response:

After reviewing your details, I believe it is possible that stock  be considered a marital estate, but it will ultimately depend on the trial court.

In the case Arneson v. Arneson, 120 Wis.2d 236, 355 N.W.2d 16 (Ct. App. 1984), the court of appeals decided an appellate court will not disturb a trial court’s decision on the valuation of a closed corporation unless it is contrary to the great weight and clear preponderance of the evidence. A trial court in divorce does not have to accept any method of stock valuation as more accurate than another accounting method. The trial court has its own discretion, but will look at the facts of each individual case (length of marriage, length of employment, names on stock) to make a determination regarding marital assets.

If you wish to speak to a family lawyer to represent you in this case, give us a call and we can have you set up a consultation.

Dan Exner, J.D.

Family Law Attorney

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