Ochoa v. Ochoa

DUANE BENTON, Judge.

In 1987, Paulette M. Ochoa and Marco A. Ochoa legally separated. The separation order divided their marital property, including husband’s retirement plans. In 2000 — more than ten years later — the circuit court refused to modify the order to “qualify” it under the federal Employee Retirement Income Security Act. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const, art. V, sec. 10. Reversed and remanded.

I

The 1987 separation agreement — incorporated into the order of legal separa tion — divided husband’s ERISA retirement plans, as marital property.…