– from Jessica V. in Germantown, WI

Question Details:

My husband and I just recently ended a lengthy contested divorce. We agreed, finally, that he would keep the real estate and pay me my 50% in installments over the next year and a half. However, the court did not mention interest on the payments. Does the court have to award interest on the payments from the property division since he is not paying outright?

Family Law Attorney Response:

In property division matters, the court actually maintains full discretion.

This matter has been brought before the courts on many occasions. In the case of Overson v. Overson 140 Wis. 2d 752, 412 N.W.2d 896 (Ct. App. 1987), the wife sought interest on the payments because they were to be paid in 11 installments. The court of appeals instructed the trial court to explain why it had failed to explain why it did not award interest. The trial court stated that it held full discretion on the matter and that, among other reasons, the wife's attorney did not request it.

My advice is to seek the counsel of an experienced lawyer before moving forward with an appeal.

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

Managing Partner

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