In Re the Marriage of Boharski

I dissent. In reaching the holding announced today, the majority opinion disregards specific exemption provisions in two separate statutes as well as past precedent of this Court. Clearly, the application of the law in this situation leads to an unpleasant result in that there is no other marital property to award to Margaret, but it is clear that under Montana law the pension disability benefits, along with the workers’ compensation benefits, are exempt from maintenance awards.

It is important to recognize that the net marital estate in this case is $ 12,116 annually. This amount is a…