Robert C. S. v. Barbara J. S.

DUFFY, Justice:

In this domestic relations case, the husband appeals from an order of the Family Court dividing marital property following a divorce decree. The issue presented is whether the husband’s pension benefits, which had accrued in part during the marriage but which had not matured at the time of the Family Court’s decision, constitute “marital property” under Delaware law.

I

The relevant facts are these:

The parties were married in 1955, separated in 1978 and divorced in 1979. Three children were born of the marriage, one of whom was a minor at the time of the hearing.

The husband has…