Brown v. Brown

ORDER

The Court being evenly divided the Order of the Superior Court is affirmed.

FLAHERTY, C.J., files an opinion in support of affirmance in which CAPPY and NEWMAN, JJ., join. ZAPPALA, J., files an opinion in support of reversal in which CASTILLE and NIGRO, JJ., join.

OPINION IN SUPPORT OF AFFIRMANCE

FLAHERTY, Chief Justice.

In this equitable distribution pension case, the issue is whether an increase in the husband’s monthly pension benefit due solely to a change in the pension formula based on years of service following separation is marital property and therefore subject to the wife’s claim…