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Family – maintenance — property division

By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//

Family – maintenance — property division

By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//

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Wisconsin Court of Appeals

Civil

Family – maintenance — property division

Alan Eisenberg appeals the judgment of divorce awarding Cynthia Parsons Eisenberg limited-term maintenance of $4,000 per month.

Alan separately appeals a subsequent order requiring him to meet his maintenance obligation by liquidating real estate he received as part of his property division. Alan argues that the court erred in the maintenance award because Alan could not afford maintenance unless a spendthrift trust of which he is a beneficiary paid Alan distributions sufficient to cover maintenance, and the trust terms and testimony showed that the trust could not and would not pay such distributions. Alan further argues that the liquidation order resulted in double counting of property for purposes of both maintenance and property division. We agree with Alan that the court erred in its maintenance determination, and we conclude that that error requires reversal of the divorce judgment and remand for the court to reconsider both maintenance and property division. In addition, we reverse the liquidation order because it is premised on the validity of the court’s erroneous maintenance award. Not recommended for publication in the official reports.

2011AP163, 2011AP1603 In re the marriage of: Eisenberg v. Eisenberg

Dist I, Milwaukee County, Dwyer, J., Blanchard, J.

Attorneys: For Appellant: Phelps, Nancy, Milwaukee; For Respondent: Reilly, Richard E., Milwaukee; Keppel, Kathryn A., Milwaukee

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