Pension distributed to husband as part of his share of marital property can still be considered as income when setting alimony.
Man ordered to pay permanent maintenance to his wife cannot be forced to make such payments out of his monthly pension award, because pension was awarded to him at time of divorce as part of equal division of property. (Minn. court cites Wisconsin Court of Appeals case, Pelot v. Pelot, as basis for its decision)
Income from pension awarded as property at divorce can later be considered as a basis for alimony – income produced by an asset bears on ability to pay.
It was error for court to consider profit sharing plan as part of marital estate and also as income in determining amount of alimony.
Profit sharing trust cannot be both asset for division and income in awarding alimony.
Value of interest in retirement plan must be included in the division of property. Where pension is in pay-out status, least speculative means of valuation is to fix percentage of each pension payment.
Where wife receives immediate payout from pension pursuant to a QDRO, the distributions are part of her share of the estate and not income to her in determining maintenance.