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Rolfe v. Rolfe

Montana Supreme Court

766 P.2d 223 (1988)

Facts

Oliver Rolfe (plaintiff) and Beverly Rolfe (defendant) divorced. As part of the marriage-dissolution proceedings, the district court valued the pension benefits Oliver received as a university employee. The district court utilized the time-rule method to determine the pension’s value. Oliver appealed the district court’s valuation on the ground that the time-rule method resulted in Beverly receiving access to his future employee contributions, which was nonmarital property. Oliver also argued that the method did not appropriately apportion the marital estate and forced him to continue his employment with the university. Oliver sought for the court to value the pension benefits by determining the amount contributed on the date of the marriage dissolution. The Montana Supreme court reviewed the case.

Rule of Law

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Issue

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Holding and Reasoning (Harrison, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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