Stinner v. Stinner

WIEAND, Judge:

The issue in this appeal is whether the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Retirement Equity Act of 1984 (REA), 1 permits the attachment of undistributed pension benefits to enforce a judgment recovered for breach of a pre-Divorce Code 2 agreement to pay alimony. The trial court held that such an attachment was not permitted and dismissed the writ. We affirm.

Eleanore Stinner and Donald Stinner were divorced on September 6, 1977. Prior thereto, on June 16, 1977, they had executed a written, property settlement agreement by the terms of…