In divorce action, despite lack of information and consequent inability to determine, as of date of dissolution, the exact amount of wife’s share of husband’s nonqualified, nonfunded retirement plan, trial court did not abuse its discretion when it employed present division method of deferred distribution of husband’s retirement plan, rather than the reserved jurisdiction method, which would have reserved jurisdiction to distribute the pension until benefits matured; division provided that if, and when, husband retired, or otherwise began to receive benefits from the plan, a coverture fraction would be applied to the entire benefit that was vested as of date of dissolution to determine the marital portion.
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