Colorado overrules prior case law and joins majority of jurisdictions in holding that vested and matured military retirement pay is subject to equitable distribution.
Military pension accrued during marriage is marital property.
401(a) plan offered in lieu of social security is a marital asset.
Federal pension rights are divisible, even if they are in lieu of non-divisible social security.
Value of railroad pension cannot be taken into account in calculating value of marital estate.
General appearance is a consent to jurisdiction of court for all matters, including division of military pension.
Unless otherwise excluded by law, military retired pay must be considered by the circuit court in dividing the property in a divorce proceeding.
Circuit court erred by concluding that spendthrift provision of Wis. Stat. §62.63 (4) bars it from considering City of Milwaukee pension as part of the marital estate. While the court cannot directly divide the pension, it has discretionary authority to order a payout or other orders to effectuate an equitable division of property.
Trial court did not erroneously exercise its discretion when it declined to reopen judgement for Milwaukee County backdrop pension.
Wife was entitled to husband’s disability benefits where husband opted to received disability benefits in lieu of pension benefits.