(DOWNLOAD) "In Re Marriage Of Hunt" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Marriage Of Hunt
- Author : Colorado Supreme Court
- Release Date : January 18, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
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.