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SCHWAB v. SCHWAB

No. 2019AP1200.

961 N.W.2d 56 (2021)

2021 WI 67

In re the Marriage of: Kathy SCHWAB, n/k/a Siech, Petitioner-Respondent-Petitioner, v. Paul SCHWAB, Respondent-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: June 22, 2021.

Attorney(s) appearing for the Case

For the petitioner-respondent-petitioner, there were briefs filed by Carlton D. Stansbury , Colin A. Drayton , and Burbach & Stansbury S.C., Milwaukee. Oral argument was presented by Carlton D. Stansbury .

For the respondent-appellant, there was a brief filed by Andrew J. Laufers , Laura Stack , and Cordell Law, LLP. Edina, Minnesota and Milwaukee. Oral argument was presented by Andrew J. Laufers .

DALLET, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, ROGGENSACK, and KAROFSKY, JJ., joined. ZIEGLER, C.J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY and HAGEDORN, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion.

¶1 Kathy Siech and Paul Schwab divorced in 1992. As part of the divorce judgment, the circuit court incorporated their marital settlement agreement, in which Paul promised to pay Kathy half of his pension "when and if" that benefit first became available to him. But when Paul first received his pension nearly 21 years...

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