Peters v. Madgiasz

By Judge James W. Haley, Jr.

The issue here for resolution in this equitable distribution proceeding, apparently one of first impression in Virginia, requires the development of a standard by which to determine whether a pension is a disability pension or a retirement pension.

The parties were married in 1968. Husband became employed at General Electric in 1972. The parties separated in 1984 and were divorced in 1985. By a Property Settlement Agreement incorporated in the divorce decree, the parties agreed to defer the issue of pension rights. In the fall of 1987, Husband was diagnosed with a…