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2004 WI App 94, 273 Wis. 2d 495, 681 N.W.2d 295 (WI Ct. App., 2004)
Summary
While survivorship benefit is an asset, the trial court did not erroneously exercise its discretion by determining that it would be unfair to divide it equally where the underlying pension was treated as an income stream rather than as an asset. Trial courts have a broad discretion in attempting to fashion the most equitable and fair result. The court also did not erroneously exercise its discretion in treating the pension as an income stream, rather than as an asset.
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