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IN RE MARRIAGE OF TAYLOR v. TAYLOR

No. 02-0118.

258 Wis.2d 290 (2002)

2002 WI App 253

653 N.W.2d 524

IN RE the MARRIAGE OF: Daniel R. TAYLOR, Petitioner-Respondent, v. Susan M. TAYLOR, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided September 26, 2002.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Michael D. Engleson and Gregg A. Auby of Auby & Engleson, LLC, Sun Prairie.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Daniel W. Hildebrand and Nancy C. Wettersten of DeWitt Ross & Stevens, S.C., Madison.

Before Dykman, Deininger and Lundsten, JJ.

¶ 1. DEININGER, J.

Susan Taylor appeals a circuit court order directing that the 35% share of a 401(k) plan awarded to her under a divorce property division be subject to a proportionate share of losses incurred by the plan following the date of divorce. Susan claims that she should receive a sum equal to 35% of the market value of the plan as of the date of her divorce from Daniel Taylor, without deduction for the losses which ensued. We conclude that under...

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