Trial court’s decision to treat husband’s military pension as a stream of income, as opposed to a marital asset subject to equitable distribution, without in some way compensating wife for taking that asset out of the division of marital property by either an award of alimony or the allocation of other assets resulted in an inequitable award to wife, in divorce action; judge’s financial disposition left the parties in significantly disparate circumstances, as husband was virtually guaranteed continued enjoyment of the secure, comfortable marital lifestyle, whereas wife had no such guarantee.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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