Mickey v. Mickey
Supreme Court of Connecticut
974 A.2d 641 (Conn. 2009)
Jacqueline and Darrell Mickey divorced in 2001, when Darrell was a corrections officer eligible for hazardous-duty retirement benefits and, if he ever became disabled on the job, separate disability-retirement benefits. The trial court's divorce decree awarded Jacqueline a share of Darrell's normal and hazardous-duty retirement benefits but never explicitly addressed disability benefits. After the divorce, Darrell was in fact injured and became disabled, retired, and began receiving disability benefits, a portion of which Jacqueline continued to receive under the existing order. Darrell sought clarification, arguing the trial court lacked authority to award Jacqueline any share of the disability benefits because they arose from an injury occurring entirely after the divorce; the trial court held it did have authority to distribute those benefits, and Darrell appealed.
Whether a trial court may award one spouse a portion of the other spouse's retirement benefits as marital property only if those benefits can be construed as a presently existing, enforceable right to a future asset or income stream.