Division Of Marital Property In Wisconsin

A significant percentage of all marriages end in divorce, and this disheartening fact means that many couples in Wisconsin must address the division of marital property.  Wisconsin is a marital property state , which means that all marital property is generally divided equally in divorce. Our Madison,WI divorce attorneys can guide you through this difficult time, and help ensure your rights are represented.

Wis. Stat. 767.61 sets forth the statutory guidelines concerning property subject to division. Under this statute, only a limited type of property items are deemed individual or non-marital. It is critical to remember that property division is determined on a case by case basis. However, there are a number of issues and factual situations that may alter property division in a divorce. Just a few of many examples include:

• Length of the marriage.
• Commingling of gifted or inherited property with marital property.
• Whether and how much property was acquired before the marriage.
• Appreciation of the value of property acquired before the marriage.
• Debts acquired prior to marriage, such as student loans.
• Whether there is a Marital Property Agreement (Prenuptial and/or postnuptial agreement).

Our Madison attorneys can help you determine if an asset or debt is likely to be considered marital property subject to division upon divorce.

How are marital assets and debts distributed in a Wisconsin divorce?

Sometimes, a couple can amicably work out a property division agreement on their own. Marriages that were short or did not involve the accumulation of significant assets or debts may result in little to dispute, and a property settlement agreement can be quickly agreed upon by both parties. Often, however, the court will become involved in the distribution of marital assets. The court begins with the presumption of an equal distribution of marital property, but can consider a number of relevant factors when determining the fair distribution. Such factors include the length of the marriage, the health and earning power of each individual, child-rearing, and any contributions that one party made to the education or career of the other. The court can even consider alimony or maintenance as a factor when dividing the property.

If you are considering divorce, contact the experienced Madison,WI divorce attorneys at Eisenberg Law for a free consultation and to discuss your options and how we can guide you through this challenging time.

Can A Police Officer Search My Car During A Wisconsin Traffic Stop?

Can A Police Officer Search My Car During A Wisconsin Traffic Stop?

Being pulled over by a police officer can be an intimidating experience. Worse, sometimes traffic stops can progress to searches, questioning, and even arrest. It is important to understand your rights to ensure that they are not violated. As Madison, WI criminal defense attorneys, we see cases where individuals consented to a search because they did not realize they had the right to refuse.

When is it okay for the police to search my car during a traffic stop?

In order to search your car, the police officer must either have probable cause, an admission of guilt, or consent or a search warrant. Probable cause means that the officer can see illegal material in plain view, or clearly smell drugs or alcohol. The officer may pressure you to agree to the search, and will likely not inform you of your right to refuse the search. Remember- you always have the right to refuse the search, at which time the search can only occur if the officer has probable cause or a search warrant. If an officer has searched your car without consent, a search warrant, or probable cause and you now face charges, contact a criminal defense lawyer right away.

How can I refuse the officer, if they pressure me to search my car?

If an officer pressures you to allow them to search your car, politely refuse. Say, “I understand you are just doing your job, however I will not consent to a search.” Many individuals accept a police search of their vehicle because they do not realize that they have the right to refuse. The 4^th Amendment protects your right to refuse an unlawful search. Refusing the search does not mean you are admitting guilt.

I don’t have anything illegal in the car, should I just allow the search?

While you may feel that you have nothing to hide and feel compelled to comply with the search, remember that anything they find can be used against you. Do you have prescription medication that isn’t in a bottle, or belongs to someone else? Is it possible there is contraband hidden in your car by a previous owner or passenger? In general, it is best to refuse the search to protect yourself.

What happens if an officer searches me without probable cause, even after I refuse?

If an officer searches you without consent or probable cause and during that search finds contraband, that material can be suppressed in court. If you believe an officer has violated your rights, contact an experienced criminal lawyer in Madison right away.

The Collateral Source Rule Protects Citizens Of Wisconsin

 The Collateral Source Rule Protects Citizens Of Wisconsin

At Eisenberg Law Offices, we feel a responsibility to educate the citizens of Wisconsin about a bill proposed by the Republicans in the State House and Senate. This bill threatens to negatively impact the financial recovery of individuals involved in accidents. This bill would significantly alter Wisconsin’s collateral source rule.

What Is the Collateral Source Rule?

The long-standing collateral source rule says that if you are injured and you have insurance, you benefit from that insurance, not the person who harmed you. For example, suppose you broke your leg due to the negligence of another individual. As a result, you pay a portion of your medical bills and the insurance company pays the remainder. You receive this benefit because you dutifully purchased health insurance and paid your premiums.

Under the collateral source rule, the injured party receives the full value of the amount of your medical expenses.  For example, if the hospital charges $50,000 and your health insurer pays only $25,000 to settle the outstanding bill, you still get to collect the entire $50,000 from the person or his/her insurance company as compensation for your medical expenses in your accident claim.

Currently, the judge would not allow the defendant to introduce evidence at trial that your health insurer only paid $25,000.  The new law would allow the insurance company to argue that you should only receive $25,000 because that’s all you actually had to pay for medical expenses even though the actual reasonable value of those expenses was $50,000.  You would then potentially lose compensation of $25,000.   This penalizes those of us who exercised responsibility in purchasing health insurance.  A person who was injured and does not have health insurance would not be penalized.   A drunk driver that hits you shouldn’t benefit by having your claim reduced because you were prudent enough to purchase health insurance.

What do lawmakers propose?
The proposal, AB-539/SB-405, would mean that in the example case above, the at-fault parties insurance company would reap the rewards of your years of paid insurance premiums. Think it ends there? Think again! If a person died in an accident and received life insurance benefits, that could also be factored into the benefit negotiations. Ultimately, this bill would reward the insurance companies that represent at-fault parties at the cost of the citizens of Wisconsin. Responsible individuals who purchase insurance and pay their premiums will be penalized for their prudent actions.

Stand up for the rights of the citizens of Wisconsin: Oppose AB-539/SB-405.