2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, identifies some of the many provisions governing the relationship between spouses that the Act does not directly affect, and addresses several situations in which couples can benefit from advance planning.

In determining the enforceability of restrictive covenants in Star Direct, the Wisconsin Supreme Court’s holdings and approach appear to be inconsistent with the long-standing test and rules for making such determinations. The Star Direct court’s approach relaxes the hostility with which such anticompetitive provisions have traditionally been viewed by Wisconsin courts.

At a time of economic upheaval, reworking distribution systems may seem like a prudent idea. However, care must be taken to determine whether the Wisconsin Fair Dealership Law applies to the parties and to the proposed change. If the WFDL does apply on both counts, then the change must be essential, reasonable, and nondiscriminatory.