In Re Marriage of O’Brien, the respondent seeks a review of a court decision awarding 42% of his monthly pension benefits to the petitioner.
By Laura Morgan, Family Law Consultant
Wife’s share of husband’s pension benefits was limited to 23.6 percent as a way of recognizing that some of the benefits had accrued prior to the marriage and that wife was awarded a greater share of the other marital assets, in divorce proceeding; present value of pension at time of trial was $437,231, 16.5 percent of which was premarital and not subject to division, of the remaining $365,088, husband was awarded $261,784 and wife was awarded $103,304, with the difference of $158,480 equaling wife’s greater share of the remaining marital assets.
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 Web site.