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MARRIAGE OF LINDSEY v. LINDSEY

No. 86-1776.

140 Wis.2d 684 (1987)

412 N.W.2d 132

IN RE the MARRIAGE OF: Bernice LINDSEY, Petitioner-Appellant, v. Charles B. LINDSEY, Respondent.

Court of Appeals of Wisconsin.

Decided July 15, 1987.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant there were briefs and oral argument by Willard G. Neary of Burke & Schoetz of Milwaukee.

On behalf of the respondent there was a brief and oral argument by Thomas C. Krohn of Constantine, Christensen, Krohn & Kerscher, S.C. of Racine.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

One of the major issues in this appeal is whether a city employee's retirement plan is subject to a domestic relations order which awards a portion of the plan to the nonemployee spouse and permits such spouse to elect a payout option. Because we conclude that the spendthrift provisions of sec. 66.81, Stats., forbid such an order, we affirm the trial court's ruling declining to enter such an order.

Another major issue is whether the trial court...

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