Wisconsin Statutes
Wis. Stat. § 766.62 (2026)
Classification of deferred employment benefits
✓ current as of July 2026
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766.62(1)(a)(a) Except as provided in par. (b), a deferred employment benefit attributable to employment of a spouse occurring after the determination date is marital property.
766.62(1)(b)(b) A deferred employment benefit attributable to employment of a spouse occurring after the determination date is mixed property if, after the determination date and during the period of employment giving rise to the benefit, the employed spouse or his or her spouse are at any time not domiciled in this state. The marital property component of that mixed property is the amount which results from multiplying the entire benefit by a fraction, the numerator of which is the period of employment giving rise to the benefit that occurred after the determination date and during marriage and the denominator of which is the total period of employment giving rise to the benefit.
766.62(2)(2) A deferred employment benefit attributable to employment of a spouse occurring partly before and partly after the determination date is mixed property. The marital property component of that mixed property is the amount which results from multiplying the entire benefit by a fraction, the numerator of which is the period of employment giving rise to the benefit that occurred after the determination date and during marriage and the denominator of which is the total period of employment giving rise to the benefit.
766.62(2m)(2m) Unless provided otherwise in a decree or marital property agreement, a mixed property deferred employment benefit shall be valued as of a dissolution or an employee spouse’s death.
766.62(3)(3) Ownership or disposition provisions of a deferred employment benefit plan which conflict with sub. (1) or (2) are ineffective between spouses or former spouses or between a surviving spouse and a person claiming under a deceased spouse’s disposition at death.
766.62(4)(a)(a) If a deferred employment benefit plan administrator makes payments or takes actions in accordance with the plan and the administrator’s records, the administrator is not liable because of those payments or actions.
766.62(4)(b)(b) If a deferred employment benefit plan administrator has reason to believe that a dispute exists as to the rights of parties, or their successors, to a deferred employment benefit, the deferred employment benefit plan administrator may do any of the following:
766.62(4)(b)1.1. Deposit the benefit funds with a court having jurisdiction of the proceedings. The court shall hold the funds and, upon determination of the owner, shall order disbursement in accordance with the determination. Property deposited with the court discharges the deferred employment benefit plan administrator from all claims for the benefit funds.
766.62(4)(b)2.2. Refuse to transfer any funds from the plan to any person until the administrator receives from a court written documentation that the dispute has been resolved.
766.62(4)(c)(c) The protection afforded a deferred employment benefit plan administrator under this subsection does not affect the rights of parties or their successors in disputes concerning the beneficial ownership of deferred employment benefits.
766.62(5)(5) Except as provided in s. 854.14 (3m) (c), if the nonemployee spouse predeceases the employee spouse, the marital property interest of the nonemployee spouse in all of the following terminates at the death of the nonemployee spouse:
766.62(5)(b)(b) Assets in an individual retirement account that are traceable to the rollover of a deferred employment benefit plan.
766.62 HistoryHistory: 1983 a. 186; 1985 a. 37 ss. 128, 187; 1987 a. 393; 1991 a. 301; 1993 a. 160; 2005 a. 216.
766.62 NoteNOTE: 1991 Wis. Act 301 contains legislative council notes.
766.62 AnnotationThe termination under sub. (5) of a marital property interest in pension benefits did not prevent the application of the equitable principal that a murderer should not profit from the crime. The trial court acted properly in imposing a constructive trust on the decedent’s marital property interest in the murderer’s pension benefits. Hackl v. Hackl, 231 Wis. 2d 43, 604 N.W.2d 579 (Ct. App. 1999), 99-0499.
Notes of Decisions
Cited in 6
cases, 1987–2005 · leading case: In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999).
In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999). “, not § 766.62, Stats. See Mausing v. Mausing, 146 Wis.”
In Re Marriage of Hokin v. Hokin, 605 N.W.2d 219 (Wis. Ct. App. 1999). “[4] See § 766.62(2), STATS. It is well established, however, that the division of property upon divorce is not governed by ch.”
In Re Marriage of Chen v. Chen, 416 N.W.2d 661 (Wis. Ct. App. 1987). “This formula is also similar to the Wisconsin marital property formula at sec. 766.62, Stats., which took effect January 1, 1986.”
Jackson v. Employe Trust Funds Bd., 602 N.W.2d 543 (Wis. Ct. App. 1999). “Citing § 766.62(3), Stats., — which states in part that "[ojwnership or disposition provisions of a deferred employment plan which conflict with [the Act] are ineffective between spouses or former spouses or between a surviving spouse and a person claiming under a deceased…”
Bille v. Zuraff, 543 N.W.2d 568 (Wis. Ct. App. 1995). “6 One of the exceptions, § 766.62, Stats., refers to the classification of.”
In Re Marriage of Waln v. Waln, 2005 WI App 54 (Wis. Ct. App. 2005). “The spendthrift provision for Larry's pension, Wis. Stat. § 62.63 (4), bars a court from directly dividing the pension.”
Wis. Stat. § 766.62(2): 2 cases
In Re Marriage of Hokin v. Hokin, 605 N.W.2d 219 (Wis. Ct. App. 1999). “[4] See § 766.62(2), STATS. It is well established, however, that the division of property upon divorce is not governed by ch.”
In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999). “, not § 766.62, Stats. See Mausing v. Mausing, 146 Wis.”
Wis. Stat. § 766.62(3): 1 case
Jackson v. Employe Trust Funds Bd., 602 N.W.2d 543 (Wis. Ct. App. 1999). “Citing § 766.62(3), Stats., — which states in part that "[ojwnership or disposition provisions of a deferred employment plan which conflict with [the Act] are ineffective between spouses or former spouses or between a surviving spouse and a person claiming under a deceased…”
Wis. Stat. § 766.62(5): 1 case
In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999). “, not § 766.62, Stats. See Mausing v. Mausing, 146 Wis.”
Wis. Stat. § 766.62(l)(a): 2 cases
In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999). “, not § 766.62, Stats. See Mausing v. Mausing, 146 Wis.”
Jackson v. Employe Trust Funds Bd., 602 N.W.2d 543 (Wis. Ct. App. 1999). “Citing § 766.62(3), Stats., — which states in part that "[ojwnership or disposition provisions of a deferred employment plan which conflict with [the Act] are ineffective between spouses or former spouses or between a surviving spouse and a person claiming under a deceased…”
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