Rosato v. Rosato

This is a marriage dissolution action in which the plaintiff appeals from a postjudgment order requiring him to pay 55 percent of his pension benefits to the defendant. That order was rendered in response to the defendant’s motion for clarification. The plaintiff contends that the “clarification” is an untimely property assignment. We agree and reverse the judgment of the trial court.

The record discloses the following facts. The parties’ marriage was dissolved on July 11, 1988. The relevant portion of the judgment provided that “the wife is to retain any benefits in the husband’s pension plan…