Category: Retirement Plans – Vesting

Whitfield v. Whitfield

Colorado adopts majority rule that non-vested military pension is divisible marital property to the extent that it was earned during the marriage.

Colorado adopts majority rule that non-vested military pension is divisible marital property to the extent that it was earned during the marriage.

Only vested pensions are includable in marital estate.

Trial court should consider unvested interest In Retirement plan. The fact that the interest is contingent does not mean that it can be ignored.

Court has discretion in whether or not to consider non-vested pension rights.

Court must consider unvested pension plan.

Trial court reversed for not valuing the unvested portions of husband’s retirement plan where it was due to vest two weeks after the final hearing.