Legal Question in Family Law in Wisconsin
classification of deferred employment benefits
I need some clarity regarding WI divorce laws. I have worked for the federal govt. since 1976; married in 1977; from 1976-1992 lived outside of WI; moved to WI in 1992. The question I have is regarding classification of my pension in divorce. WI statue 766.62 (marital property) seems to imply that part of my pension is subject to martial property and part is not? WI statue 767.255 (actions affecting the family) sec. (2)(a)2. also references 766.62 and says deferred employment benefit is not subject to property division per 766.62. Is my entire pension subject to marital property division or is a portion considered 'mixed' and the fraction subject to our determination date (1992) the part that is subject to division?
1 Answer from Attorneys
Re: classification of deferred employment benefits
It looks like you asked the same question on our web site located at http://www.wisconsindivorcelawyers.com and here on lawguru. If my asnswer still raises questions for you, please feel free to e-mail.
It is difficult to determine if the non-compete is enforceable without knowing more.
If you signed the non-compete after starting your employment and received no additional perks or benefits as a result of signing, it may fail for a lack of consideration. All contracts must be supported by consideration w-which is a bargained for exchange.
Additionally, the non-compete must be reasonable with regard to geography and time. The fact that it does not appear in your personnel file will month affect its enforceability.
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