UPDATE: Am I Entitled to My Spouse’s Pension After a Wisconsin Divorce?

Originally published: May 25, 2022 -- Updated: June 1, 2023

Update: As mentioned below, issues related to pensions can be complex factors to address during the divorce process. It is important to understand how the value of a pension will be determined as a couple addresses issues related to the division of marital property. This is not always easy, because at the time of a couple's divorce, retirement may be multiple years or decades in the future. Since pension benefits are usually based on the amount of income a person earns at the time of retirement, it may be difficult or impossible to determine the full value of pension benefits until a person is closer to retirement.

In many cases, the best way to address pension benefits is to determine the portion of the benefits that are considered to be marital assets and divide that portion equally between the spouses. The marital portion of pension benefits can be determined by dividing the amount of time that a spouse worked and earned a pension while a couple was married by the total amount of time they worked in a pension-eligible position during their career.

Drunk and intoxicated driving is a serious concern on the roads in the state of Wisconsin. Drivers who use alcohol or drugs will experience impairments that make it difficult or impossible to control a vehicle safely and avoid accidents that could cause harm to themselves or others. Because of this, people who are arrested on suspicion of drunk driving will face a variety of penalties. While a conviction for operating while intoxicated (OWI) will result in a driver's license revocation, there are some situations where a person's license may be suspended even if they are not ultimately convicted. If you are facing the loss of your license after being arrested for OWI, you will need to understand your options for regaining your driving privileges.

License Reinstatement in OWI Cases

There are numerous reasons that you could lose your driver's license after being arrested for OWI. If, following an arrest, you submit to a chemical analysis of your blood alcohol content (BAC), and a blood, breath, or urine test shows that you were over the legal limit, your driver's license will be suspended for six months. However, if you refuse to take a BAC test, a court will take action to revoke your license for one year. You may be able to contest a suspension by requesting an administrative hearing, and a hearing may also be held to determine whether a court-ordered revocation will be put in place. In general, hearings must be requested within 10 days after receiving a notice of an administrative suspension or court-ordered revocation.

If you are convicted of OWI charges, a driver's license revocation will go into effect. The length of this revocation may vary depending on the situation, but for a first or second OWI offense, the revocation period will be between six and nine months. For a third OWI, a revocation will last for 12 to 18 months in addition to the length of time that you may be confined in prison. After the period of revocation has been completed, you may apply to have your license reinstated.

Getting a divorce is rarely an easy or simple process. If you have chosen to separate from your spouse, you will need to address multiple types of financial issues while also making sure to follow the correct legal procedures to terminate your marriage. Many of these financial concerns will be related to the property you own, and in your divorce settlement, you will need to determine how your community property will be divided between you and your spouse. As you address these issues, some of the most significant concerns will be related to your family home. Determining whether you will be able to continue owning your home or whether it may be necessary to sell the home during your divorce is not always easy, but with the help of a skilled divorce attorney, you can decide on the best route to take that will protect your financial interests in the years to come.

Is the Home Community Property or Separate Property?

The first issue related to your home that you will need to address is to understand whether it is community property owned together with your spouse or separate property owned solely by one party. Community property consists of all assets that were acquired during your marriage. If you and your spouse bought your home together at any time after you became legally married, it will be community property. Regardless of how the purchase was made, whose name is on the title, and who contributed to mortgage payments, a home that is community property will be considered to be jointly owned by you and your spouse.

On the other hand, if you owned a home before you got married, it will usually be considered separate property rather than community property. You will most likely be able to retain sole ownership of your home after your divorce. However, you may need to address increases in the value of your equity in the home during your marriage. If marital funds were used to make mortgage payments, or if your spouse contributed to an increase in the value of the home by performing repairs or improvements, you may be required to repay them for these contributions.

Under Wisconsin law, battery is defined as intentionally causing bodily harm to someone else. This offense is sometimes referred to as assault, and it may apply in a variety of situations, such as when an argument escalates out of control and turns into a fight in which one person injures the other. While battery is usually charged as a misdemeanor, there are some circumstances where it may result in felony charges for either substantial battery or aggravated battery. By understanding when these charges may apply, a person who is accused of assaulting someone else or engaging in behaviors that are considered battery can determine their options for defending against a conviction and avoiding or minimizing the penalties that may apply.

When Can Battery Be Charged as a Felony?

The key issue that may affect battery charges will be related to the forms of bodily harm that were allegedly inflicted. Bodily harm will generally involve physical injuries that caused pain or resulted in illnesses or impairments. In cases of minor bodily harm, such as bruises or small cuts and scrapes, battery may result in Class A misdemeanor charges. A person who is convicted of a Class A misdemeanor may be sentenced to up to nine months in jail and fined up to $10,000.

Felony charges may apply in cases where battery resulted in substantial bodily harm. Wisconsin law defines substantial bodily harm as a bodily injury that resulted in lacerations that required stitches or staples, a fractured bone (including a broken nose), a loss of consciousness, a burn, or a lost or broken tooth. Substantial battery is a Class I felony, and a conviction may be punished by three years and six months in jail and a maximum $10,000 fine.

The decision to file for divorce and the process of ending a marriage are rarely easy. If you are in this situation, you are likely to experience difficult emotions and significant stress related to the changes in your life, your ability to meet your financial needs, and conflict with your spouse. Even if you and your spouse have agreed to take a cooperative approach to your divorce while avoiding conflict as much as possible, there are numerous issues that may arise during the process of dissolving your marriage. By understanding the challenges and complications you may encounter, you can determine the best ways to navigate these issues and successfully complete your divorce.

Complications That May Arise During the Divorce Process

During your divorce, you will need to address many different issues, including deciding how to divide your marital property, resolving concerns about the custody of your children, and determining whether financial support will be paid by one party to the other. As you work to resolve these issues and negotiate a divorce settlement, you may encounter challenges related to:

• Disagreements about finances - Money problems are some of the most common reasons why couples choose to get divorced, and it is no surprise that these issues can also make the divorce process more difficult. Various financial concerns will need to be addressed during a divorce, and if you and your spouse have different expectations about how to handle these issues, the process of negotiating agreements may be lengthy and complicated. If you are unable to reach agreements, you may need to ask a judge to step in and make certain decisions for you. It is important to remember that even if you are not on the best terms with your ex-partner, working together is in your best interest to come up with a fair and reasonable settlement. You may consider working with a financial advisor to help you navigate the complexities of property division or spousal support.

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