QUESTION

can i get the other 50% of my retirement back

Asked on May 31st, 2016 on Divorce - Wisconsin
More details to this question:
In 1994 divorce decree gave ex wife 50% now she gets over 700 a month I get 400 a month. She is remarried
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Property division is final as of the date of the divorce; under Wisconsin law, pensions have been traditionally treated as property, not income, with some limited exceptions. This is true whether the pension at the time of the divorce is an expected future benefit, or it is a plan in pay status. If maintenance (spousal support) was held open at the time of the divorce, it may be possible to go back and ask for maintenance against your ex wife. Another factor in not being able to pursue support over 20 years later is arguably that there is a 20 year limitation in Wisconsin in enforcing civil judgments; while there is not a specific case on the issue, recent case law suggests the same statute of limitations on civil judgments, may also apply to enforcing divorce judgments after 20 years. 
Answered on May 31st, 2016 at 8:27 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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