Brookfield Family Law Blog

How are retirement funds handled in Wisconsin divorces?

Do you know how filing for divorce in Wisconsin will affect your finances? How about your retirement savings? Wisconsin law has some specific guidelines and some potentially confusing clauses when it comes to splitting finances and fees during divorce. Preparing for those changes can help you protect your assets. 

What is marital property or non-marital property in Wisconsin?

Dividing property in a divorce can be complex. It can get especially complicated when separate and marital property come into play.

Property means more than a home and the furniture in it. In a divorce, assets that can be divided can include bank accounts, investments, stock options, mortgages, retirement benefits— and even debts. When determining how property should be divided, courts will look at whether the property is considered as separate or marital. 

Who gets the custody of pets in a divorce?

In the past, animals were divided like property in a divorce. However, California recently signed a new law that requires judges to consider the “best interest of the animal” in a divorce case. It follows similar laws in Alaska and Illinois.

Similar to child custody and visitation, judges in states with pet “best interest” laws consider several factors when deciding the best interest of the pet. Some of these factors might include:

Can social media affect child custody or spousal support?

Almost everyone is on social media in one form or another. The Pew Research Center reports that more than 75 percent of Americans belong to one or more social media networks. In 2019, reports show more than 2.7 billion people around the world will use social media.

According to the American Psychological Association, around 40 percent of marriages end in divorce. Therefore, a large percentage of divorcing spouses are likely active on social media networks. It is important that spouses getting divorced understand the effects social media can play on child custody and spousal support arrangements. 

What does the ‘best interests of the child’ mean in Wisconsin?

Determining a child custody agreement can be extremely difficult. Judges often use the ‘best interest’ standard when making their decision. Generally, a child’s best interest is an arrangement that is safest and most enjoyable for the child.

The ‘best interests’ standard developed out of the UN Convention on the Rights of a Child (UNCRC). The UNCRC is a treaty pertaining to international human rights law.

Would we benefit from a collaborative divorce?

Couples who know their marriage is over but don’t want to go into battle during a divorce often feel at odds with what to do. They don’t hate their spouse and don’t want to deplete them of all their finances just to end their relationship, but that’s often how divorce is depicted.

Thankfully, there are options available. Collaborative divorce can allow couples to come to agreements peacefully and achieve positive outcomes.

How a collaborative divorce can benefit your children

Maintaining the health of a marriage is a complex task that is difficult to achieve, especially when children are involved. Happy marriages depend on a balance of countless factors, some of which can be worked on, and others that can lead to the breakdown of a marriage.

If you are facing the breakdown of your marriage in the state of Wisconsin, you may be wondering about the different options when it comes to divorce. It is particularly important to have a smooth divorce process if you have children because conflict between parents is not good for emotional development.

Explaining what child support covers

Asking the other parent of your child to pay child support is not as easy as it might seem. The other parent might deny this request to the point where you have to take them to court in order to receive payment. Once you wind up receiving payments it's important to know what it can be used for when caring for your child. Below are the most common uses for child support.

The most important uses for child support are the basic necessities. The money should be used first to feed, clothe and house your child -- so there's nothing prohibiting you from using child support to pay for things like rent, utility bills and food. It doesn't matter that you also benefit from these expenses.

Smart ways to use spousal support payments

Receiving spousal support payments comes with getting a divorce. There are times when the judge will rule that neither divorcing spouse has to make these payments. It's a rare occurrence, but it does happen. So, what should you use spousal support payments for in Brookfield, Wisconsin? Let's take a look at some smart uses for spousal support payments in today's post.

Making sure that you and your children have a place to live should be number 1 on the list of smart uses for spousal support payments. Use the money to cover monthly rent or pay the mortgage, if you have one. This should be a priority above all else.

How to tell when you need a postnup

Couples often believe that if they didn't sign a prenuptial agreement prior to the marriage, it's too late to remedy the situation. That's not the case, as postnuptial agreements are also an option.

You may wonder why you need a postnup when you never bothered with a prenup. But marriages are fluid, organic and complex. The terms (or lack thereof) that were sufficient at the time you got married may no longer be so. You may now be able to negotiate for terms that are more favorable to you.

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