Family Law

Decree Entered 4 Years After Hearing - Date Used for Dividing Retirement?

It is common practice for a judge, at the conclusion of a hearing, to designate one of the attorneys to draft the order of the court. Sometimes the attorney drafts it immediately. Sometimes there is a delay due to a number of different reasons.

In this case, the court divided a retirement account held by the husband. It was divided equally between the parties. 4 years later the decree was finally entered. The retirement account increased significantly in value during that time. Husband wanted the division to be as of the date of the hearing, 4 years earlier, as opposed to the date the decree was entered. Wife objected.

The Court of Appeals held that the account is to be divided as of the date the decree is entered, as had been held in prior Arkansas cases. The husband failed to show he had suffered any injustice by the delay in getting the decree drafted.

I’m betting he would disagree.

Here’s the link…
Churchill v. Churchill

Full post as published by Kevin Hickey Law Blog on December 18, 2009 (boomark / email).