Hollinger v. Baur

John David Hollinger (the “former husband”), appeals an order temporarily modifying his rehabilitative alimony obligation to appellee, Joan Baur (the “former wife”). We reverse in part and remand because the trial court erred in considering earnings from the equitably distributed portion of the former husband’s 401(K) in determining his ability to pay alimony.

The parties were married from 1983 to 1995. Upon dissolution, the trial court ascertained that a portion of the former husband’s 401(K) retirement plan was marital property, subject to equitable distribution, and that another, larger,…