Robinette v. Hunsecker

McDonald, j.

In this case, a divorcing couple entered into a property settlement agreement that included an allocation of future benefits from the retirement plan sponsored by the husband’s employer. In describing the parties’ understanding, the agreement used terminology appropriate to retirement plans governed by a federal law — although the husband’s plan was exempt from that law — and contemplated, incorrectly, that the divorce judgment itself would effect the division of the retirement plan benefits. Neither party took any action to put into effect the understanding concerning the…