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IN RE MARRIAGE OF GARCEAU v. GARCEAU

No. 98-3241.

232 Wis.2d 1 (1999)

2000 WI App 7

606 N.W.2d 268

IN RE the MARRIAGE OF: Jerry J. GARCEAU, Petitioner-Respondent, v. BRENDA S. GARCEAU, n/k/a Depies, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided December 1, 1999.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of and oral argument by Dawn M. Sabel of AA Sabel Law Office, S.C. of Fond du Lac.

On behalf of the petitioner-respondent, the cause was submitted on the brief of and oral argument by Bruce W. Elbert of Elbert, Pfitzinger & Byron of Juneau.

Before Brown, P.J., Nettesheim and Snyder, JJ.

¶ 1. BROWN, P.J.

The question presented is whether an insurance company's termination benefits package, a type of deferred compensation plan, should be divided at the time of divorce as part of the marital estate. Unlike a pension, the plan does not set money aside in a pool designated for the benefit of the particular employee. Rather, the amount of the termination benefit is based on the agent's performance during the twelve months prior to termination and...

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