In re the Marriage of Tough

In reversing the trial court, the majority ultimately— and erroneously — concludes that the trial court’s qualified domestic relations order (QDRO) conflicts with the underlying dissolution judgment that it was designed to implement. It does not.

To reach its conclusion, the majority reasons as follows: The dissolution judgment expressly provides that wife is not entitled to claim any pension benefits that accrued to husband after the dissolution of the parties’ marriage. By applying the time rule, the QDRO awards wife pension benefits that accrued to husband after the dissolution of the…