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Appeals court considers whether probate court properly clarified separation agreement over disability pension
Summary
In 25P0226 the panel considered whether a probate court abused its discretion when it clarified a divorce judgment to allocate part of a disability pension; appellants argued the pension was income not a divisible asset and that the clarification produced an inequitable modification.
The Appeals Court heard argument in 25P0226 about whether the probate and family court abused its discretion by granting relief that clarified a separation agreement to address a disability pension. Appellant counsel Diana Sladen told the panel the court’s clarification effectively treated the pension as an asset subject to division and thus produced a gross inequity: the pension had been treated throughout proceedings as the husband’s…
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