Hoyt v. Hoyt

This court is presented with an opportunity to develop guidelines for a trial court to follow when exercising its discretion in considering pension or retirement benefits in a divorce. The general rule is that pension or retirement benefits earned during the course of a marriage are marital assets3 and a factor to be considered not only in the division of property,4 but also in relationship to an *179award of alimony.* ***5 However, general rules cannot provide for every contingency and no specific rule can apply in every case.6 The purpose of the guidelines is to provide a fair and equitable…