Tuesday, October 27, 2009

Nebraska Court of Appeals finding plain error, revises QDRO to require wife to receive half of husband's state patrol retirement plan based either upon his choice of a refund or annuity, the marital share of the patrol retirement fund is that share of the fund that the time of the marriage divided by total service represents. Klimek v. Klimek, A-09-023, 18 Neb. App. 82. The Appeals Court further awards half of the wife's defined contribution 401k to the husband.

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