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Tuesday, September 25, 2007
New Case: pension division
Where the trial court found in a 1980 dissolution judgment that wife was
entitled to an interest in husband’s pension pursuant to the "Brown
Formula," but record did not reflect either an agreement of the parties to
employ the "time rule" or a judicial exercise of discretion to do so, it
was error for court to conclude 25 years later that Brown Formula was
synonymous with time rule. Given usage at the time and other
circumstances, reference to the Brown Formula is reasonably interpreted as an
indication that the court had then determined the community to have an
interest in husband’s pension and had directed that total accrued benefits
at retirement would be divided in kind in the future exercise of the
court’s discretion. In re Marriage of Gray - filed August 28, 2007,
publication ordered September 21, 2007, Sixth District Cite as 2007
SOS 5896
This is what happens if the formula for division is not stated in the court order or in the marital settlement agreement. They divided the pension and Wife may not not be able to get a "lump sum" cash distribution. She may take monthly payments instead. SLJ
posted by Susan Jeffries at
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