State Cases
Alabama Case Law
WILKINSON v. WILKINSON, 2011255 (Ala.Civ.App. 4-16-2004)
No. 2011255.
Decided April 16, 2004.
This is the second time these parties have been before this court. See Wilkinson v. Wilkinson, 828 So.2d 924 (Ala. Civ. App. 2001) ("Wilkinson I"). In Wilkinson I, this court reversed the trial court's divorce judgment insofar as it failed to order the wife to provide the husband continued health-insurance coverage, failed to award the husband any portion of the wife's retirement benefits, and failed to order the wife to pay sufficient alimony to the husband On remand, the trial court entered an order modifying its alimony award but failing again to require the wife to provide continued health insurance for the husband or to divide the wife's retirement benefits. The husband appeals, arguing that the trial court is in error for failing to comply with the mandate of this court in Wilkinson I.
Alaska Case Law
LAING v. LAING, 741 P.2d 649 (Alaska 1987)
S-1357.
August 21, 1987.
This appeal challenges a marital property division. The husband challenges generally the trial court's finding that the wife was entitled to more than fifty percent of the marital assets. He also contests the court's allocation of certain assets and credits. We affirm the trial court's findings and conclusions except with regard to its disposition of the husband's nonvested pension, which we conclude cannot be presently divided. We remand the case with instructions that the trial court redetermine the property division in a manner consistent with this opinion.
Colorado Case Law
In re Marriage of Hunt, 909 P.2d 525 (Colo. 1995)
No. 93SC565, No. 93SC631
Decided December 18, 1995 Rehearing Denied (93SC631) January 29, 1996.
[1] We granted certiorari in In re Marriage of Hunt, 868 P.2d 1140 (Colo. App. 1993), and in In re Marriage of Raimer, No. 92CA0759 (Colo. App. Aug. 5, 1993), to determine whether pension increments based on post-dissolution increases in rank are included in determining what portion of a military pension is subject to division as marital property. In both cases, the court of appeals affirmed the trial courts' deferred distribution of military pensions based on the "time rule" formula which includes distribution of benefits attributable to post-dissolution increases in rank. The petitioners, in both instances the husbands, petitioned the court to review the distributions. We issued a consolidated opinion on May 15, 1995, reversing judgment in both cases and remanding with directions. By order dated June 19, 1995, we granted the respondents' motions for rehearing and withdrew our previously issued opinion. After requesting and receiving additional briefs, we now affirm the court of appeals' decision in Hunt and approve the trial court's distribution in that case. We reverse the court of appeals' decision in Raimer. We find that the trial court in Raimer abused its discretion in altering the "time rule" formula.
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Colorado Case Law
In re Marriage of Beckman, 800 P.2d 1376 (Colo. App. 1990)
No. 88CA0966
Decided October 25, 1990.
[1] In this dissolution of marriage action, the husband appeals from portions of the judgment relating to maintenance and property division and from a finding regarding the length of the marriage. We affirm in part, reverse in part, and remand for further proceedings.
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Colorado Case Law
In re the Marriage of Heupel, 936 P.2d 561 (Colo. 1997)
No. 95SC754
April 21, 1997
[1] We granted certiorari in In re Marriage of Heupel, No. 94CA1291 (Colo. App. Oct. 19, 1995) (not selected for official publication), to determine the applicability of a property division clause in a marital separation agreement to a payment received by the former husband when he resigned from his position as a member of the armed services. Specifically, we consider whether DuWayne P. Heupel's lump sum payment, received from the United States Air Force under the Special Separation Benefit (SSB) program when he voluntarily elected to switch from active duty to reserve status, should be treated as retired pay for purposes of equitable distribution under the separation agreement of his dissolution decree.
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Colorado Case Law
In Re Mar. of Riley-Cunningham, 7 P.3d 992 (Colo. App. September 16, 1999)
No. 98CA1487
September 16, 1999 Rehearing Denied November 4, 1999. Certiorari Denied August 21, 2000.
In this dissolution of marriage action, Barbara U. Riley-Cunningham (wife) appeals the portion of the permanent orders distributing 16.2% of the disposable military retirement pay of James A. Cunningham (husband) to her. We affirm.
Connecticut Appellate Decisions
KRAFICK v. KRAFICK, 234 Conn. 783 (1995)
(15043)
Decision released August 8, 1995
The principal issues in this certified appeal are whether vested pension benefits constitute property for the purposes of equitable distribution pursuant to General Statutes § 46b-81;[fn1] and, if so, what methods are appropriate by which to value such benefits. The plaintiff, Patricia A. Krafick, appealed to the Appellate Court from the judgment of the trial court dissolving her thirty-three year marriage to the defendant, John H. Krafick, and distributing the parties' marital assets. The Appellate Court affirmed the judgment of the trial court without opinion. Krafick v. Krafick, 34 Conn. App. 930, 643 A.2d 314 (1994).[fn2] We granted certification[fn3] and now reverse the judgment of the Appellate Court.
Kansas Case Law
IN RE MARRIAGE OF CRAY, 254 Kan. 376 (1994)
No. 67,312
Opinion filed January 21, 1994.
This is an appeal and cross-appeal from various orders and judgments of the trial court in a dissolution of marriage proceeding. The petitioner in the divorce action, Aileen M. Cray, appealed from the district court's orders (1) selecting the date of the parties' separation as the valuation date of marital assets; (2) failing to award profits and/or losses upon certain pension plan assets; and (3) awarding child support. The respondent, Thomas M. Cray, cross-appealed from the court's orders regarding (1) maintenance; (2) assessment of certain litigation expenses; and (3) modification of his settlement proposal. The Court of Appeals affirmed the district court's orders and judgments in part and reversed in part, remanding the case with directions to the trial court to reweigh the evidence as to property division and maintenance using a different valuation date. In re Marriage of Cray, 18 Kan. App. 2d 15, 846 P.2d 944 (1993). Both parties filed petitions for review. We granted Aileen's petition for review on the issues of the selection of a valuation date for marital assets and whether profits and/or losses should have been allowed on her share of the pension plan assets. We denied the petition for review of Thomas. For the sake of clarity, the petitioner will be referred to as Aileen and the respondent as Thomas.
Louisiana Case Law
HARE v. HODGINS, 586 So.2d 118 (La. 1991)
Nos. 90-C-2405, 90-C-2445.
September 9, 1991.
[1] We granted certiorari to decide whether the court of appeal correctly partitioned a divorced couple's community property interest in the employee spouse's defined benefits pension after it matured in 1988. The trial court divided the community interest by awarding the non-employee spouse a fixed percentage of the pensioner's retirement payments. The court of appeal amended, restoring full pension payments to the retiree spouse, and relegating the non-employee spouse to a lump sum representing her share of the unmatured pension as of the date in 1975 when the community was terminated. Hare v. Hodgins, 567 So.2d 670 (La.App. 5th Cir. 1990). We vacate the partition decree and remand for further proceedings by the trial court consistent with this opinion.
Michigan Court of Appeals Reports
KILBRIDE v. KILBRIDE, 172 Mich. App. 421 (1988)
Docket No. 95295.
Decided October 18, 1988.
Defendant appeals as of right from the trial court's judgment of divorce awarding plaintiff partial attorney fees, alimony, and one-half of defendant's pension. We affirm in part and reverse in part.
Missouri Case Law
LYNCH v. LYNCH, 665 S.W.2d 20 (Mo.App. 1983)
No. 46123.
December 20, 1983. Motion for Rehearing and/or Transfer to Supreme Court Denied January 24, 1984.
[1] This case is an action brought by the respondent-wife (petitioner below) to dissolve a marriage of nearly twenty-seven years. The trial court dissolved the marriage, divided and disposed of the parties' separate and marital property, awarded primary custody of the minor children to the wife, and awarded her child support, maintenance, and attorney's fees. Appellant-husband (respondent below) seeks review of that portion of the decree which categorizes his vested but non-matured[fn1] pension plan as marital property and which divides it between the parties. We modify the decree and affirm it as modified.
New Jersey Superior Court Reports
CLAFFEY v. CLAFFEY, 360 N.J. Super. 240 (2003)
A-6632-00T2
Decided May 19, 2003
This matrimonial appeal illustrates the special problems posed by the equitable distribution of a defined benefit pension plan where there are no available survivor benefits, and the pensioner spouse has a significant alimony obligation to the non-pensioner spouse. Plaintiff Dale Eagan Claffey appeals from certain provisions of the final judgment of divorce, as later modified during a limited remand, that provide security for the potential termination of her deferred-distribution share of the defined benefit pension plan of defendant Daniel Claffey in the New Jersey Police and Firemen's Retirement System (PFRS). Plaintiff also appeals from the manner of distribution of her equitable share in defendant's deferred compensation fund. The following factual and procedural history is relevant to our resolution of the issues posed in this appeal.
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New Jersey Superior Court Reports
MARX v. MARX, 265 N.J. Super. 418 (1993)
Decided March 26, 1993. Page 419
This matter comes before the court on a post-judgment motion to settle the form of qualified domestic relations order (QDRO) to be entered pursuant to the parties' interspousal agreement. Specifically, plaintiff seeks to have the court determine her rightful interest in defendant's American Airlines Pilot Pension Plan. The facts are undisputed in this case. The sole issue to be determined by the court is the method of distributing defendant's fixed income plan.
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New Jersey Superior Court Reports
LINEK v. KORBEIL, 333 N.J. Super. 464 (2000)
DOCKET NO. A-3719-98T1
Decided: August 3, 2000 Page 465
Defendant appeals from the trial court's order clarifying and modifying the provision in the parties' 1981 judgment of divorce which purported to distribute defendant's pension equitably. We affirm.
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New Jersey Superior Court Reports
PANETTA v. PANETTA, A-1424-02T5 (N.J. Super. 7-1-2004)
No. A-1424-02T5
Decided July 1, 2004
In this post-judgment matrimonial matter, we focus on two issues: the appropriate formula for calculating the marital share of plaintiff's federal pension and whether plaintiff is entitled to an offset against defendant's share of his pension for defendant's social security benefits.[fn1]
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New Jersey Superior Court Reports
WHITE v. WHITE, 284 N.J. Super. 300 (1995)
Decided May 10, 1995. Page 301
The evidence in this case indicates that the parties were married on July 10, 1965. The jurisdiction and venue requirements for the divorce were met and the grounds for extreme cruelty were satisfactorily proven.
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New Jersey Superior Court Reports
WHITFIELD v. WHITFIELD, 222 N.J. Super. 36 (1987)
Decided December 18, 1987.
The issue before us is whether that portion of a pension which was earned during coverture but which is neither vested nor matured is subject to equitable distribution upon divorce. We hold that such a pension is "property" acquired during the course of the marriage within the meaning of N.J.S.A. 2A:34-23 and that the practical difficulties inherent in its valuation in no way affect its includability in the marital estate. In so doing we part company from prior decisions of this court which have concluded otherwise. Barba v. Barba, 198 N.J. Super. 205 (App. Div. 1985); White v. White, 136 N.J. Super. 552 (App. Div. 1975).
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New Jersey Superior Court Reports
REINBOLD v. REINBOLD, 311 N.J. Super. 460 (1998)
Decided May 14, 1998.
Plaintiff Linda Reinbold and defendant Frank Reinbold were married on October 29, 1960. Two children were born to them, both of whom are emancipated. After thirty-four years of marriage, plaintiff filed a complaint for divorce on June 20, 1994. At the time the complaint was filed defendant was 55 years old and had 28 years of service at Sandoz Pharmaceuticals ("Sandoz").
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New Jersey Superior Court Reports
RISOLDI v. RISOLDI, 320 N.J. Super. 524 (1999)
Decided May 3, 1999.
In this post-judgment matrimonial pension evaluation and distribution dispute, we examine the appropriate method for evaluating the non-pensioner wife's equitable distribution, deferred-distribution, interest in her husband's Public Employees Retirement System (PERS) pension where the parties agreed to a partial distribution through the present-value offset of a portion of her interest in exchange for the husband's interest in the marital domicile, and a deferred distribution of the remainder of the wife's interest in his pension until the husband's retirement date, through entry of a qualified domestic relations order (QDRO).
New Jersey Superior Court Reports
MENAKE v. MENAKE, 348 N.J. Super. 442 (2002)
A-4784-99T3
Decided February 22, 2002
This is an appeal arising from a post-matrimonial dispute over defendant's entitlement to a portion of plaintiff's defined-benefit pension that he has with the New York State and Local Retirement System as a result of his employment with the Port Authority of New York and New Jersey. It is a dispute that has spanned eight years with four different judges and numerous court applications and orders, two different Qualified Domestic Relations Orders (QDRO) and several recalculations by the New York State and Local Retirement System. It is the formula for the calculation of defendant's share of plaintiff's pension in the second of the two QDROs that prompts this appeal. By order entered April 1, 1996, defendant's share was to be determined by a formula which consisted of the "[n]umber of months of marriage of the parties while in the retirement systems divided by total number of months in retirement systems multiplied by 50%. . . ." In contrast, a March 27, 2000, order directed that defendant's share be determined by a formula which consisted of "50% of the hypothetical retirement allowance, computed using final average salary as of May 14, 1990, and the service credit accrued between July 9, 1973, and May 14, 1990." The latter dates reflect the duration of the parties' marriage to the date of the filing of the divorce complaint. The differences in these two formulas is significant. Indeed, because the Retirement System had made a number of payments to defendant under the first order, the effect of the March 27, 2000, order was a recalculation, which resulted in a $93,809.92 overpayment. In order to repay this amount, defendant will receive no pension benefits until July 30, 2012. We reverse and remand for further proceedings.
New Mexico Case Law
MATTOX v. MATTOX, 105 N.M. 479 (App. 1987)
No. 8319.
February 10, 1987.
Respondent-appellant (husband) and petitioner-appellee (wife) appeal the decision of the trial court in this divorce proceeding. Husband raises five issues: (1) whether the trial court properly valued his pension plan; (2) whether the trial court properly valued his employee stock option plan; (3) whether the trial court properly valued his employee savings plan; (4) whether the trial court erred in the award of a coin collection as husband's separate property when its value was already included in the award of household goods; and (5) whether the trial court abused its discretion in awarding lump sum alimony in addition to alimony of $500 a month for one year. We affirm on issues 1 and 2 and remand as to issue 3 with instructions. As to issue 4, we grant the parties' request to correct the arithmetic error on the personal property list. We discuss issue 5 in conjunction with wife's cross-appeal since the parties appeal the common issue of alimony.
New York Miscellaneous Reports
McGOWAN v. McGOWAN, 136 Misc.2d 225 (1987)
July 15, 1987
Defendant in this divorce action governed by the Equitable Distribution Law moves for an order determining that plaintiff's teaching license is marital property subject to equitable distribution, and that the pension of both parties should be valued as of the date of the earliest retirement as provided by their respective plans.
New York Appellate Division Reports
CASELLA v. CASELLA, 306 A.D.2d 800 [3d Dept 2003]
93283
Decided and Entered: June 26, 2003.
The parties to this divorce action entered into a stipulation of settlement resolving the distribution of all of their marital assets. The stipulation was incorporated, but not merged, into their judgment of divorce. Under the terms of this stipulation, the parties agreed that plaintiff's state pension would be divided in value as of the commencement date of the action (May 20, 1998) and that defendant would be entitled to 50% of this value to be accomplished through a domestic relations order.[fn1] The stipulation further provides, without differentiation, that "counsel" shall prepare the domestic relations order to be "viewed by other counsel" and further permits, but by no means requires, that a certain pension evaluator, namely William Troyan, may prepare the order "subject to approval by both counsel."
New York Miscellaneous Reports
HEBER v. HEBER, 112 Misc.2d 799 (1982)
January 22, 1982
This motion by defendant for an order pursuant to section 237 Dom. Rel. of the Domestic Relations Law directing plaintiff to pay defendant her costs in retaining an actuary and an appraiser is granted as set forth below.
North Carolina Reports
BISHOP v. BISHOP, 113 N.C. App. 725 (1994)
No. 9329DC288
Filed 1 March 1994
Prior to the hearing on equitable distribution in this case, plaintiff and Harry H. Bishop, Sr. (defendant), resolved many of the equitable distribution issues by consent. At the hearing, the trial court was asked to classify, value, and distribute three assets: defendant's military retirement, defendant's DuPont retirement, and defendant's DuPont incentive plan. The trial court concluded that the DuPont retirement plan was a marital asset and that the military retirement was defendant's separate property. The trial court further concluded that an equal division of the marital property was equitable and entered the following order:
Pennsylvania Supreme Court Reports
BERRINGTON v. BERRINGTON, 534 Pa. 393 (1993)
Decided November 12, 1993.
This is a divorce case involving equitable distribution of a defined benefit pension fund. The issue presented is whether the non-employee spouse's share in a deferred distribution of a pension should be based upon the salary which the employee-spouse earned at the date of separation or upon the amount earned at some post-separation retirement date. The trial court determined that the marital share should be based on the employee's pension to be received at the time the pension plan enters pay status. Superior Court reversed, holding that the amount to be awarded the non-employee spouse should be based on the employee's salary at the date of separation, but augmented by growth in the pension fund based on factors other than the employer's or employee's contributions to the fund after the date of separation. 409 Pa. Super. 355, 372, 598 A.2d 31, 40 (1991). We affirm.
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Pennsylvania Superior Court Reports
KING v. KING, 332 Pa. Super. 526 (1984)
Filed August 24, 1984.
Appellant is the former husband of appellee. He contests the distribution of property ordered by the trial court in conjunction with the parties' divorce. Specifically he challenges the valuation of his pension plan, which was subject to equitable distribution, and what he claims was the failure of the trial court to take into consideration in making its distribution of marital property the fact that appellee had resided since the date of separation in the marital residence rent free.
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Pennsylvania Superior Court Reports
KRIZOVENSKY v. KRIZOVENSKY, 425 Pa. Super. 204 (1993)
Filed May 4, 1993.
Linda Krizovensky ["wife"] appeals the order entered July 23, 1992, in the Court of Common Pleas of Bucks County. The court's order apportioned the post-retirement distribution of John Krizovensky's ["husband"] Civil Service Retirement System pension. On this appeal, wife argues that the court misinterpreted the parties' property settlement agreement and disputes the amount awarded to her pursuant to the court's order. We agree and reverse the trial court's order.
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Pennsylvania Superior Court Reports
BRADERMAN v. BRADERMAN, 339 Pa. Super. 185 (1985)
Filed February 8, 1985.
These cross-appeals arise from an order of the Dauphin County Court of Common Pleas in a divorce proceeding concerning the equitable distribution of marital property, alimony, and counsel fees. Roslyn S. Braderman, is the appellant in appeal No. 272 and Jay R. Braderman is the appellant in appeal No. 273. In order to avoid the confusion which the terms "appellant" and "appellee" would cause in dealing with these cross-appeals, the term "plaintiff-wife" will be used throughout this opinion to describe Roslyn S. Braderman and Jay R. Braderman will be designed as "defendant-husband".
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Pennsylvania Supreme Court Reports
HOVIS v. HOVIS, 518 Pa. 137 (1988)
Decided May 20, 1988.
The issue before this Court is under what circumstances potential tax liability should be considered in the valuation of marital property for purposes of equitable distribution under the Pennsylvania Divorce Code, 23 Pa.S.A. § 401(d).
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Pennsylvania Superior Court Reports
FLYNN v. FLYNN, 341 Pa. Super. 76 (1985)
Filed March 29, 1985.
This is an appeal from an order of the Court of Common Pleas of Lackawanna County entered November 23, 1982, granting a decree in divorce and an award of temporary alimony. The appellant, Mary Flynn, requests that the divorce decree be reversed and that her award of alimony be vacated and remanded for additional consideration.
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Pennsylvania Superior Court Reports
MANTELL v. MANTELL, 384 Pa. Super. 475 (1989)
Filed May 11, 1989.
I agree with President Judge Cirillo that, except for the trial court's award of counsel fees in the Texas action, the decree of divorce and order of distribution must be affirmed. The award of counsel fees in the Texas action, however, was improper and must be vacated.
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Pennsylvania Superior Court Reports
DeMASI v. DeMASI, 366 Pa. Super. 19 (1987)
Filed August 10, 1987. Petition for Allowance of Appeal Denied March 2, 1988.
These are four consolidated appeals: three filed by Rocco J. DeMasi, and one filed by Tanya J. DeMasi. As both parties are appellant and appellee, we shall refer to Rocco J. DeMasi as "husband" and to Tanya J. DeMasi as "wife." The orders under review concern child support, spousal support, alimony pendente lite, equitable distribution of marital property, counsel fees and litigation expenses.[fn1]
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Pennsylvania Superior Court Reports
ZOLLARS v. ZOLLARS, 397 Pa. Super. 204 (1990)
Filed August 28, 1990.
Robert D. Zollars appeals from an order distributing marital property. He specifically takes issue with the valuation of his pension and with the trial court's decision to award Dolores 60 percent of the marital property. We affirm the portion of the order granting Dolores 60 percent of the marital property and the valuation of his pension, but reverse as to the manner of distribution.
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Pennsylvania Superior Court Reports
LYONS v. LYONS, 401 Pa. Super. 271 (1991)
Filed January 17, 1991.
Appellant-wife (hereinafter "Wife") appeals from a December 15, 1989 equitable distribution and child support order. The order in question denied Wife's motion for post-trial relief and modified a September 15, 1989 order to require appellee-husband (hereinafter "Husband") to provide medical insurance coverage for two of the parties' minor children and to pay for half of their unreimbursed medical expenses.[fn1] Wife contends that the trial court erred in: (1) failing to distribute Husband's pension on a 50/50 basis; (2) underestimating the present value of the marital portion of Husband's pension; and (3) failing to order Husband to pay all of the children's medical and dental expenses that are not covered or reimbursed by insurance.[fn2] For the reasons that follow, we affirm the trial court's order regarding Husband's payment of uncovered or unreimbursed medical expenses, and we vacate the portion of the court's order disposing of Husband's pension and remand for proceedings consistent with this Opinion.
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Pennsylvania Superior Court Reports
HOLLAND v. HOLLAND, 403 Pa. Super. 116 (1991)
Filed February 12, 1991. Petition for Allowance of Appeal Denied August 6, 1991.
In this appeal of an equitable distribution order, Appellant raises four questions. Chief among them is the method used by the trial court in distributing the marital share of Appellant's pension. The trial judge, after entering a decree of divorce, ordered Mr. Holland's government retirement plan be equitably distributed using the deferred distribution method. The court ruled that the basic benefit of this asset should be determined at the time that husband retires based upon an application of the coverture fraction.
Pennsylvania Superior Court Reports
GORDON v. GORDON, 436 Pa. Super. 126 (1994)
Filed July 11, 1994. Reargument Denied September 14, 1994.
This is an appeal from an order of the Court of Common Pleas of Delaware County dividing the parties' marital estate. We affirm in part, and
Rhode Island Supreme Court Case Law
STEVENSON v. STEVENSON, 511 A.2d 961 (R.I. 1986)
No. 83-550-Appeal.
June 26, 1986.
[2] This is an appeal from a divorce decree entered in the Family Court in which the trial justice granted the husband's petition and the wife's cross-petition for absolute divorce based upon irreconcilable differences that had caused the irremediable breakdown of the marriage.[fn1] The husband appeals from the court's assignment of property and from the award of alimony and counsel fees to the wife. We affirm in part and reverse in part.
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Rhode Island Supreme Court Case Law
RETIREMENT BOARD OF THE EMPLOYEES' v. DiPRETE, 845 A.2d 270 (R.I. 2004)
No. 2000-0429-Appeal (PC 99-206)
March 26, 2004
Abraham Lincoln once explained that "[t]he legitimate object of government is to do for * * * people whatever they need to have done, but cannot do at all, or cannot so well do, for themselves * * *."[fn1] Implicit in this is an indispensable ingredient of a well-functioning democracy - the element of trust. Public officials are honored with the opportunity to serve the public to benefit the people. It is expected that those officials will fulfill their commitments with loyalty, honor and integrity. This opinion comes in the wake of an elected official's decision to breach that commitment.
Tennessee Reports
KENDRICK v. KENDRICK, 902 S.W.2d 918 (Tenn.App. 1994)
November 16, 1994. Published Pursuant to Tenn. Ct. App.R. 11.
This appeal involves the right of a divorcee to receive a portion of her former spouse's nonvested military pension. After over ten years of marriage, the wife sued the husband for divorce in the Chancery Court for Franklin County. The trial court granted the wife a divorce and awarded her a portion of the husband's nonvested military pension as part of the division of the marital property. The husband asserts on this appeal that his nonvested military pension should not have been considered marital property. We have determined that the wife is entitled to a portion of the husband's military pension when and if he begins to receive it and that her share should be based on the husband's salary at the time of the divorce.
Virginia Court of Appeals Reports
ZIPF v. ZIPF, 8 Va. App. 387 (1989)
46009 No. 1114-87-4
Decided July 11, 1989
On this appeal from a decree entered in a divorce proceeding, Marion K. Zipf contends that the trial judge erred in: (1) selecting as the valuation date of marital property the date of filing of the bill of complaint instead of a date as near as practical to the evidentiary hearing; (2) awarding her twenty-five percent of the value of the husband's military pension and twenty-five percent of the value of stock titled in the husband's name; (3) fixing as a sum certain the value of her share of the husband's pension without adjustment to compensate for delayed receipt of that sum in the form of periodic payments; and (4) requiring her to exhaust her share of the marital property before awarding more than nominal spousal support. For the reasons which follow, we affirm in part the trial judge's decision, reverse in part, and remand for further proceedings consistent with this opinion.
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Virginia Court of Appeals Reports
GAMBLE v. GAMBLE, 14 Va. App. 558 (1992)
47876 No. 1726-90-2
Decided June 2, 1992
By final decree entered on September 21, 1990, the Circuit Court for the City of Charlottesville granted Constance P. Gamble a final divorce on the grounds of desertion and adultery from Harry Yandle Gamble, Jr. The decree further granted Mrs. Gamble a monetary award and spousal support, and ordered Mr. Gamble to convey his interest in the jointly owned marital home to Mrs. Gamble in partial satisfaction of the monetary award. On appeal, Mr. Gamble challenges the monetary and spousal support awards. He does not challenge the grounds for the divorce.
West Virginia Supreme Court Reports
BUTCHER v. BUTCHER, 178 W. Va. 33 (1987)
No. 16705.
April 2, 1987. Petition for Rehearing April 17, 1987. Rehearing Denied June 3, 1987.
The primary issue presented in this appeal is whether military nondisability retirement benefits can be considered for alimony and child support purposes and as marital property subject to equitable distribution in a divorce proceeding. A secondary issue involves whether the circuit court abused its discretion in awarding only temporary rehabilitative alimony. The circuit court concluded that military retirement benefits were exempt, and we find this to be error. The circuit court also erred in awarding only temporary rehabilitative alimony.
Wisconsin Case Law
IN RE MARRIAGE OF WASHINGTON v. WASHINGTON, 2000 WI 47 234 Wis.2d 689
Case No.: 98-1234.
Opinion Filed: June 7, 2000.
This is a review of an unpublished decision of the court of appeals, Washington v. Washington, No. 98-1234, unpublished slip op. (Wis. Ct. App., June 9, 1999), affirming an order of the circuit court for Ozaukee County, Joseph D. McCormack, Circuit Judge. The circuit court denied Gail M. Washington's post-divorce motion to grant her appreciation and interest, from the date of divorce until pension payments begin, on her award of a lump-sum share of her ex-husband Melvin K. Washington's federal employee pension. The circuit court held that Wis. Stat. § 767.32(1)(a) (1997-98) prohibited the circuit court from modifying or revising the provisions of the judgment and order with respect to the final division of property.
