Divorce – Marital Settlement Agreement

Listen to this article

WI Court of Appeals – District III

Case Name: Randy Lee Smith v. Catherine Marie Smith

Case No.: 2018AP1697

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Divorce – Marital Settlement Agreement

Randy Smith, who is divorced from his former wife Catherine, appeals a postdivorce order clarifying the parties’ financial positions and obligations pursuant to a marital settlement agreement (MSA) that had been incorporated into the divorce judgment. The MSA contemplated that the parties’ home would be sold, but the sale was not completed until nearly two years after the divorce was finalized. In the interim, and contrary to an expectation stated in the MSA, Catherine had moved out of the home. Additionally, the parties had continued using the marital credit cards and each took an unanticipated $30,000 payment from the proceeds of the sale of the home, thereby reducing the funds available to be distributed pursuant to the MSA.

Randy argues the circuit court erred by failing to give effect to certain MSA provisions, by refusing to order that the parties be reimbursed for their minimum payments to the credit cards, by offsetting the reimbursable amount of his mortgage and home equity payments by one-half of the cost of Catherine’s rent during the relevant time period, and by setting the terms of repayment for the remaining amount owed to Catherine under the MSA. We conclude the circuit court properly exercised its discretion in these matters. Consequently, we affirm.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.