Time-barred – Marital Property Agreement

Listen to this article

WI Court of Appeals – District I

Case Name: Kathy Schwab, n/k/a Siech v. Paul Schwab

Case No.: 2019AP1200

Officials: Brash, P.J., Blanchard and Dugan, JJ.

Focus: Time-barred – Marital Property Agreement

Paul Schwab appeals an order of the trial court that permitted the enforcement of a provision in a marital property agreement with his former wife, Kathy Schwab (n/k/a Siech), included in their divorce judgment entered in 1992. Siech filed a contempt motion seeking to enforce that particular provision—the division of Schwab’s military pension—in 2017. Schwab argued that Siech’s motion was barred by the time limits set forth in WIS. STAT. § 893.40 (2017-18), which generally precludes “action upon a judgment or decree of a court” after twenty years.

However, the trial court found that because obligations under a marital property agreement often extend beyond twenty years, it had the equitable authority to carry out the order of the marital settlement agreement. Therefore, under those circumstances, it held that the contempt action brought by Siech was not time-barred, and allowed for the pension division provision to be enforced.

We disagree. We find no legal support for not applying WIS. STAT. § 893.40 to this—or any other—family law judgment, other than an exception specifically enacted by the legislature with regard to child and family support. See WIS. STAT. § 893.415. We therefore reverse.

Recommended for Publication

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.