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IN RE MARRIAGE OF PETERSON

No. 93CA0201.

870 P.2d 630 (1994)

In re the MARRIAGE OF Cynthia J. PETERSON, Appellee, and Gary J. Peterson, Appellant.

Colorado Court of Appeals, Div. VI.

February 10, 1994.

Attorney(s) appearing for the Case

Mitchell & Howell, P.C., Michael T. Mitchell, Parker, for appellee.

Litvak and Litvak, P.C., Ronald D. Litvak, Denver, for appellant.

Opinion by Judge VAN CISE.*

In this dissolution of marriage action, the question is whether police disability pension payments are marital property subject to distribution. The trial court ruled that the payments were in essence retirement benefits and therefore marital property. We reverse and remand.

Gary J. Peterson (husband) and Cynthia J. Peterson (wife) were married in 1970. In 1973 husband began his employment with the Aurora...

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