767.255 Annotation A buy sell agreement may provide a method for determining the value of an interest in a partnership, but does not as a matter of law establish the value. Sharon v. Sharon, 178 W (2d) 481, 504 NW (2d) 415 (Ct. App. 1993).

767.255 Annotation Accounts receivable may be excluded from the marital estate if evidence indicates there is a link between the receivables and salary and that dividing the receivables would adversely affect the ability to pay support or maintain professional or personal obligations. Sharon v. Sharon, 178 W (2d) 481, 504 NW (2d) 415 (Ct. App. 1993).

767.255 Annotation While income from gifted property is subject to division, trust income received by a beneficiary with only a future interest in the trust corpus is a gift itself, not income from a gift, and not subject to division. Friebel v. Friebel, 181 W (2d) 285, 510 NW (2d) 767 (Ct. App. 1993).

767.255 Annotation A divorce decree which awarded one-half of the husband's pension to the wife divested the husband of that one-half interest. Although the husband had failed to effectuate the transfer as required by the divorce decree, the wife's one-half interest was not an asset in the husband's bankruptcy estate and there was no dischargeable debt to the wife. Dewey v. Dewey, 188 W (2d) 271, 525 NW (2d) 85 (Ct. App. 1994).

767.255 Annotation Hardship under sub. (2) (b) and ``privation" under Popp requires something more than an inability to continue living at a predivorce standard. Fair and equitable is not the standard for including gifted and inherited property in a division. Doerr v. Doerr, 189 W (2d) 112, 525 NW (2d) 745 (Ct. App. 1994).

767.255 Annotation That individual property was placed in a joint checking account by the owner and used to pay the owner's individual obligations did not render the property subject to division in divorce. Gardner v. Gardner, 190 W (2d) 216, 527 NW (2d) 701 (Ct. App. 1994).

767.255 Annotation The offspring of gifted or inherited animals are not excluded from division by this section. If an asset no longer exists a court cannot exclude it from the marital estate. Preuss v. Preuss, 195 W (2d) 95, 536 NW (2d) 101 (Ct. App. 1995).

767.255 Annotation Bonuses and fees, like regular income, are not divisible as property but are to be considered in determining a fair division or maintenance. Long v. Long, 196 W (2d) 691, 539 NW (2d) 134 (Ct. App. 1995).

767.255 Annotation The marital estate is usually valued as of the date of divorce, but when conditions over which a party has no control arise the special circumstances may warrant deviation from the rule. Long v. Long, 196 W (2d) 691, 539 NW (2d) 134 (Ct. App. 1995).

767.255 Annotation Federal law precludes state court from dividing military nondisability retired pay pursuant to state community property laws. McCarty v. McCarty, 453 US 210 (1981).

767.255 Annotation Insured's beneficiary designation under servicemen's group life insurance policy prevailed over constructive trust imposed by state court. Ridgeway v. Ridgeway, 454 US 46 (1981).

767.255 Annotation ERISA did not preempt Wisconsin court order awarding spouse 1/2 of beneficiary's interest in pension. Sav. & Profit Sharing Fund of Sears Emp. v. Gago, 717 F (2d) 1038 (1983).

767.255 Annotation Dilemma v. Paradox: Valuation of an advanced degree upon dissolution of a marriage. Loeb and McCann, 66 MLR 495 (1983).

767.255 Annotation The recognition and valuation of professional goodwill in the marital estate. 66 MLR 697 (1983).

767.255 Annotation No-fault divorce: Tax consequences of support, maintenance and property settlement. Case, 1977 WBB 11.

767.255 Annotation The marital property act does not change Wisconsin's divorce law. Weisberger. WBB May 1987.

767.255 Annotation Transmutation: Finding extra property to divide in divorce. Kessler. Wis. Law. Aug. 1990.

767.255 Annotation Divorce Provisions in Opt-out Marital Property Agreements. Rasmussen. Wis. Law. April, 1994.

767.26 767.26 Maintenance payments. Upon every judgment of annulment, divorce or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (g) or (j), the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering:

767.26(1) (1) The length of the marriage.

767.26(2) (2) The age and physical and emotional health of the parties.

767.26(3) (3) The division of property made under s. 767.255.

767.26(4) (4) The educational level of each party at the time of marriage and at the time the action is commenced.

767.26(5) (5) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.

767.26(6) (6) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.

767.26(7) (7) The tax consequences to each party.

767.26(8) (8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.