Miller v. Miller

This is an appeal from a judgment in a divorce action in which the property of the parties was divided by the trial court. The sole *674issue on appeal is one of first impression in Michigan—whether a party’s interest in a pension plan which is funded entirely by his employer is distributable pursuant to a divorce and property settlement.

The leading Michigan case on the distribution of a party’s interest in a pension pursuant to a divorce is Hutchins v Hutchins, 71 Mich App 361; 248 NW2d 272 (1976). In Hutchins, the Court held that a husband’s accumulated contributions to a pension plan funded by…