McDermott v. McDermott

OPINION OF THE COURT

Richard A. Goldberg, J.

This action for divorce raises a novel question of law concerning equitable distribution. To what extent, if at all, may a Trial Judge restrict a pensioner’s choice of options under his pension plan in order to protect the nonemployee spouse’s interest in the pension following equitable distribution?

Plaintiff and defendant are 59 and 62 years of age, respectively, and were married on November 23, 1947, at Roseland, Virginia. At the time the parties married in 1947, neither had any significant assets or income. Defendant is now a Deputy Chief of the…