In Re the Marriage of Nice

Opinion

HINZ, J.

Introduction

In this case, a pension plan challenges a judgment of dissolution on two grounds. Reversing the trial court’s order that the pension plan make payments to the nonemployee former spouse, we hold that the husband, the pension plan member who wishes to continue working even though he is eligible to retire, must himself compensate his former wife for her portion of community contributions to the pension plan. We further hold that even though the pension plan does not provide “survivor benefits” to a nonemployee former wife, the judgment of dissolution must nevertheless…