Pelot v. Pelot

Edmund Pelot appeals from an order reducing maintenance payable to Maxine Pelot. We hold that the trial court improperly treated Edmund’s pension as income. We therefore reverse and remand for further proceedings.

When the divorce was granted in 1979, the trial court ordered Edmund to pay $450 alimony and $200 support per month, and divided the marital estate, about $48,047 to Edmund and $43,156 to Maxine. As part of the property division, the court assigned to Edmund $2,260 in bank accounts and life insurance cash values, a $20,600 lien on the home, and his interest in his union pension fund,…