Day v. Day

George Rose Smith, Justice.

In this divorce case the basic question on appeal is whether the chancellor was right in holding that the appellant husband’s interest in the retirement plan sponsored by his employer is “marital property” subject to allocation under our present statute governing the division of property in divorce cases. Ark. Stat. Ann. § 34-1214 (Supp. 1983). The chancellor was right.

The facts are free from dispute. The couple married in 1953 and lived together for 29 years, during which they had six children, all but one of whom have reached maturity. In 1981 Mrs. Day brought…