Donovan v. Donovan

CHRISTIE, Justice:

In this appeal, the Supreme Court must decide whether it was an abuse of discretion for the Family Court to refuse to treat as a marital asset, to be divided between the former husband and wife, the value of a vested pension, almost all of which had been earned during the marriage and which was soon to be payable (over a period of years, in installments) to the husband.

We hold that it was error to make no division of the pension rights, in view of the absence of any award to the wife to compensate her, in whole or in part, for her claim to a share of the pension. We remand…