My husband was forced into an early retirement and had to take his pension early because we had no other income at the time. We have been using the pension for household bills, rent, utilities and I am wondering if I am entitled to any part of the pension until I am able to collect mine? I am filing for divorce either way, but will not be able to make the monthly bills without receiving some of that pension. We are both working full time jobs, but my husband makes more money than I do.
We have been married since 6/7/1997
Wisconsin is a marital property state. This means that any property acquired during the course of the marriage-- excluding property acquired by gift or inheritance-- is marital property. At the time of a divorce, the marital property must be divided equally. This means that whatever amount your husband's pension increased during the term of the marriage is marital property. You are entitled to half of that amount.
This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.
You have nojt stated the length of your marriage. You are entitled to half of what accrued during the marriage. If it is a long term marriage, many Court's include the entire amount of the pension in the marital estate, even if there may be a premarital component. In short term marriages, the premarital component is often not included. You should consult with an experienced family law attorney to discuss your options. My office offers free initial consultations and we can be reached at (414)225-0225.
Family Law Attorney
Since the pension is already being paid out, the court would most likely value the pension as monthly income instead of an item that can be divided. If he is making substantially more than you on a monthly basis, you could have an argument for maintenance (alimony). Contact our office if you would like to discuss further.
Attorney Laura A. Stack
DAVISON LAW OFFICES
633 W. Wisconsin Ave.
Milwaukee, WI 53203
Tel: (414) 272-1005
Fax: (414) 272-1049