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Family – maintenance — property division

Wisconsin Court of Appeals


Family – maintenance — property division

Victor Vassallo appeals the circuit court’s judgment divorcing Victor and Adeline Vassallo after a trial contesting maintenance and property division issues. Victor’s primary challenge is to the circuit court’s maintenance decision. Victor complains that the court’s determination that he pay Adeline $2,500 per month in indefinite maintenance unreasonably requires him to liquidate assets to meet his maintenance and personal ongoing financial obligations. Victor also challenges property division. Although the division of divisible property was roughly equal, Victor challenges the circuit court’s decision to also award to Adeline a non-divisible asset valued at $28,333.

So far as we can tell from the record before us, the court’s maintenance decision unfairly required Victor to liquidate significant assets while allowing Adeline to retain all assets awarded to her. If there is a reasonable explanation for this result, the circuit court’s decision does not reveal what it is. Also, the circuit court does not explain, and we are unable to detect, a basis for the “hardship” determination necessary to support invading Victor’s non-divisible property. Accordingly, we reverse and remand for the circuit court to reconsider maintenance and property division in a manner consistent with our decision. Not recommended for publication in the official reports.

2013AP2479 In re the marriage of: Vassallo v. Vassallo

Dist IV, Adams County, Pollex, J., Lundsten, J.

Attorneys: For Appellant: Perreault, Michele, Madison; For Respondent: Vassallo, Adeline Frances, pro se

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