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Hammond v. Hammond

The wife could not complain of any error in the trial court's failure to utilize the time rule formula in determining the parties' interest in her husband's pension, since she induced the error in urging the trial court evaluate and distribute the pension as alimony.

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In this divorce case, wife asserts, inter alia, the trial court erred in calculating wife’s interest in husband’s pension and in ordering husband to pay wife alimony in the amount of $1,250 per month once husband’s pension matures. Finding no abuse of discretion, we affirm. Wife, Gay Hobgood Hammond, and husband, James Brian Hammond, were divorced on September 15, 2010. Husband, a college professor, was earning approximately $8,300 per month. Wife’s monthly income, beginning August 15, 2010, was approximately $3,980. The parties were heavily indebted and had very little in the way of assets, with the exception of the marital residence in which the parties’ equity totaled $19,884, automobiles, and husband’s Teachers Retirement System of Georgia pension.

Husband’s pension was the only significant marital asset. See Taylor v. Taylor , 283 Ga. 63 656 SE2d 828 2008 pension can be marital property and subject to equitable division. It was vested, but it had not yet matured. Pursuant to Georgia law, husband’s pension could not be attached, subjected to process, or assigned. See OCGA § 47-3-28. The parties stipulated that as of August 31, 2009, husband’s monthly retirement benefit, assuming a 50 percent survivor annuity, would be $3,238.

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