BROWER v. BROWER

No. 02-P-1227.

61 Mass. App. Ct. 216 (2004)

SHARON O. BROWER vs. FRANK C. BROWER.

Appeals Court of Massachusetts, Franklin.

May 21, 2004.


Attorney(s) appearing for the Case

Jack D. Curtiss for Frank C. Brower.

Wendy H. Sibbison for Sharon O. Brower.

Present: Duffly, Kantrowitz, & Kafker, JJ.


KANTROWITZ, J.

May a percentage of the husband's future pension benefits, based on the husband's earnings after the period of marriage, be included in the marital estate? We hold that, in the circumstances of this case, it may.

The husband appeals from (1) the denial of his motion for clarification of that part of the judgment of divorce nisi dividing his public pension; and (2) the allowance of the former wife's motion for entry of a qualified domestic relations...

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