Schafer v. Schafer

Citation9 Wis.2d 502,101 N.W.2d 780
PartiesAnne B. SCHAFER, Appellant, v. Michael E. SCHAFER, Respondent.
Decision Date08 March 1960
CourtUnited States State Supreme Court of Wisconsin

Kersten & McKinnon, Milwaukee, for appellant.

Clayton A. Cramer, A. Warren Cahill, Waukesha, for respondent.

DIETERICH, Justice.

The sole issue upon this review is whether the trial court abused its discretion in appraising the value of the interest that the defendant had in the federal civil service retirement fund, of which he was a participating member.

The testimony and stipulation of the parties established the value of the small tools, 1931 Chevrolet automobile, 1948 Kaiser automobile, good-will of the plaintiff's insurance business, and the value of defendant's interest in the federal civil service retirement fund as follows:

                Homestead                                                            $17,800.00
                Household furniture                                                      750.00
                Garden tractor                                                            75.00
                Net value of defendant's government life insurance                     1,138.41
                Cemetery lots                                                            375.00
                Cash                                                                     516.62
                Plaintiff's insurance business                                         1,400.00
                Small tools, 1931 Chevrolet, and 1948 Kaiser                              50.00
                Trade in allowance for 1949 Hudson (received by plaintiff after          300.00
                  action commenced but before trial
                

Retirement fund

The defendant at the time of trial was fifty-six years of age, employed as a mail carrier and had been so employed for over thirty years. All during that time he had continually made contributions, by compulsory deduction from his salary, to the retirement fund totaling with interest thereon, the amount of $6,234.04. On the date of this trial he was actively employed as a mail carrier not receiving any benefits under the retirement act, but was entitled if he desired to retire, to receive an annuity for life payable at the rate of $237 per month. Under the retirement act, the defendant postal employee had the option to remain at work until he reached the compulsory retirement age of seventy years. If he retired at the age of sixty years, he would be eligible to an annuity of $281 per month.

If we were to assume, under the retirement act, that the plaintiff had become the widow of the defendant on the date of trial, she would have been entitled to receive an annuity in the amount of $140.50 per month for life or as long as she remained unmarried, and...

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3 cases
  • Bloomer v. Bloomer
    • United States
    • Wisconsin Supreme Court
    • June 30, 1978
    ...the homestead (which was valued at $17,800). After remand, this same case was again appealed to this court in Schafer v. Schafer, 9 Wis.2d 502, 101 N.W.2d 780 (1960) (Schafer II ). In Schafer II, we stated that the husband's contributions plus interest amounted to $6,234.04. He could have r......
  • Pelot v. Pelot
    • United States
    • Wisconsin Court of Appeals
    • November 22, 1983
    ...extent to which pension payments may be considered income in post-divorce proceedings is an open question. In Schafer v. Schafer, 9 Wis.2d 502, 505, 101 N.W.2d 780, 782 (1960), the trial court included the husband's $6,263.04 retirement fund in the property division. The husband had not ret......
  • Schafer v. Wegner
    • United States
    • Wisconsin Supreme Court
    • June 1, 1977
    ...is set forth in Schafer v. Schafer, 3 Wis.2d 166, 87 N.W.2d 803 (1958). The case was before this court again in Schafer v. Schafer, 9 Wis.2d 502, 101 N.W.2d 780 (1960). The issue there concerned the value of Michael Schafer's interest in a retirement fund. Further facts concerning this appe......

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