Legal Opinion

In re the Marriage of Nelson

Colorado Court of Appeals

Decided August 1, 1985No. 83CA1289PublishedCited by 1 opinion

1Opinion of the Court

METZGER, Judge.

In this dissolution of marriage action, husband, age 41, appeals from the trial court’s property division order which included husband’s pension plan either as marital, property or as an economic circumstance. We reverse and remand for further proceedings.

A pension plan is not marital “property” under § 14-10-113 C.R.S. (1984 Cum.Supp.) if the plan lacks cash surrender value, loan value, redemption value, lump sum value, or value realizable after death. Ellis v. Ellis, 36 Colo.App. 234, 538 P.2d 1347 (1975), aff'd, 191 Colo. 317, 552 P.2d 506 (1976). Likewise, property which…

2Cases cited4 opinions

  1. Ellis v. EllisSupreme Court of Colorado · 1976
  2. In Re Marriage of EllisColorado Court of Appeals · 1975
  3. Menor v. MenorSupreme Court of Colorado · 1964
  4. In Re the Marriage of WardColorado Court of Appeals · 1982

3Cited by1 opinion

  1. In Re the Marriage of NelsonSupreme Court of Colorado · 1987

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