– from Antonio L. in Slinger, WI

Question Details:

I do not agree with the trial court’s division of property. The court included both my ex-wife's and my own retirement and pension rights. However, the value of each was about the same, even though my retirement and pension rights were lower than my wife’s. Is it smart to appeal the trial court’s decision?

Family Law Attorney Response:

Thank you for your question. I would like to know more details regarding the division.

It is important to know that appeals can be costly. However, it may be worth it. One point to know is discussed in Laribee v. Laribee, 138 Wis.2d 46, 405 N.W.2d 679 (Ct. App. 1987). A trial court has broad discretion in the valuation and division of retirement and pension rights. This court will affirm the valuation if the trial court considered the relevant facts and its conclusion is not clearly erroneous. Future taxes clearly impact on the present value of retirement plans.

If you want to call and set up a consultation to discuss more details, give me a call.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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