In Re the Marriage of Grubb

BABCOCK, Judge.

In this dissolution of marriage action, husband appeals the judgment of the trial court regarding division of property and award of maintenance. We reverse.

Husband first contends that the trial court erred in considering his private pension plan as marital property. We agree.

Since 1974, husband’s private pension plan has been supported entirely by employer contributions. Prior to 1974, the plan required employee contributions. Voluntary employee contributions have always been possible, but they are held separately and treated separately at retirement. Husband began work for his…