QUESTION

Is my ex-wife entitled to any of my401K or pension

Asked on May 11th, 2015 on Divorce - Wisconsin
More details to this question:
I am going through a divorce and was wondering if my soon to be ex has any rights to my pension or 401 K. I also want 50-50 custody and placement
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Under the statutes in the State of Wisconsin, all property acquired either before or during the marriage is presumptively marital property and subject to equal property division at the time of the divorce. The only property that is exempt, is property acquired either by gift or inheritance from a third party. Therefore, your retirement benefits are subject to equal property division. The court has discretion to deviate from equal property division based on the various factors listed under sec. 767.61 Stats. The 2 most common factors where the court may deviate is (1) the length of the marriage and (2) property brought into the marriage by either party. Your fact situation doesn't present sufficient information to more fully answer your question.
Answered on May 14th, 2015 at 7:09 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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