Tobin v. Hershey

¶ 1. Husband ap- ■ peals the family court’s decision under V.R.C.P. 60(b)(6) granting wife a percentage of the pension benefits he had begun receiving after accepting an early retirement offer from his employer. We uphold the family court’s decision requiring husband to share the early-retirement pension benefits with wife and ordering him to pay wife’s attorney’s fees associated with the Rule 60(b) proceeding; however, with the exception of a relatively small lump-sum payment that husband elected to receive immediately upon retiring, we conclude that the court should have limited wife’s…