In Re the Marriage of Hagy

The 21-year marriage of Mary and Raymond Hagy ended in divorce in 1970, but the divorce decree did not mention Mr. Hagy's contingent employee pension. Over 6 years later, Mrs. Hagy sued for partition of this pension. After hearing testimony the trial court dismissed her suit, and she appeals.

One issue is presented for our review: Did the trial court err when it refused to treat the parties as tenants in common in a contingent pension that was not specifically referred to in their 1970 divorce decree?

During his marriage to Mary Hagy, Mr. Hagy was an employee of Kaiser Aluminum and Chemical…