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LINDNER v. LINDNER

Docket No. 74317.

137 Mich. App. 569 (1984)

358 N.W.2d 376

LINDNER v. LINDNER

Michigan Court of Appeals.

Decided September 17, 1984.

Attorney(s) appearing for the Case

Draugelis, Ashton, Scully & Haynes (by Michael Pollard), for plaintiff.

Henry, Lewandowski & Myles (by Daniel J. Henry, Jr., and Robert G. Lewandowski), for defendant.

Before: SHEPHERD, P.J., and BEASLEY and W.J. CAPRATHE, JJ.

SHEPHERD, P.J.

This is a divorce case in which the trial court granted a declaratory judgment in favor of the wife, ruling that the inclusion of the husband's teacher's pension plan as a marital asset for purposes of equitable distribution did not violate MCL 38.1346(1); MSA 15.893(156)(1), which makes such pensions immune from legal process. We affirm and remand for a trial on the merits.1

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