When an employee-spouse’s pension is divided by QDRO, and no value is assigned to either spouse’s interest to be offset by other property awarded in the property division, a family court is not prohibited by the “double-counting” rule from considering pension distributions in determining maintenance.
There is no absolute rule against double counting, so trial court did not wrongly count the value of the enhanced education benefit for the purpose of property division and maintenance.
Circuit court did not double count the professional goodwill in its maintenance award since husband had the option of continuing to generate income form his orthodontic practice without diminishing its value.