SMITH v. SMITH


938 A.2d 246 (2007)

F. Andrew SMITH, Appellee v. Therese A. SMITH, now Therese A. Boulding, Appellant.

Supreme Court of Pennsylvania.

Decided December 27, 2007.


Attorney(s) appearing for the Case

Timothy John Shultis, Miller & Shultis, P.C., Hanover, for Therese A. Smith, appellant.

Lynn Gilbert Peterson, Peterson & Peterson, Hanover, for F. Andrew Smith, appellee.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER and BALDWIN, JJ.


Justice BAER.

Over the past two decades, this Court has divided repeatedly with respect to the proper method for equitably distributing defined benefit pensions between employee and non-employee spouses. Faced once again with determining what portion of a pension, including any postseparation increase in the pension, is marital property subject to equitable division, we revisit the divergent policies expressed in our prior cases and examine the legislature's response...

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