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IN RE MARRIAGE OF NELSON

No. 83CA1289.

710 P.2d 1175 (1985)

In re the MARRIAGE OF David J. NELSON, Appellant, and Marilyn R. Nelson, Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 19, 1985.

Certiorari Granted December 16, 1985.

Attorney(s) appearing for the Case

Ratcliffe & Chamberlin, Sarah D. Claassen, Steamboat Springs, for appellant.

Carlyle V. Perry, Steamboat Springs, for appellee.

METZGER, Judge.

In this dissolution of marriage action, husband, age 41, appeals from the trial court's property division order which included husband's pension plan either as marital property or as an economic circumstance. We reverse and remand for further proceedings.

A pension plan is not marital "property" under § 14-10-113 C.R.S. (1984 Cum.Supp.) if the plan lacks cash surrender value, loan value, redemption value, lump sum value, or value realizable...

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