Ruggles v. Ruggles
Supreme Court of New Mexico
860 P.2d 182 (1993)
Nancy and Joseph Ruggles's (plaintiff and defendant) marital settlement agreement did not explicitly say when Nancy could begin receiving her share of Joseph's fully vested but not-yet-collected pension, and the trial court, reasoning the pension's present value would erode daily before Joseph's actual retirement, ordered Joseph to begin paying Nancy $753.94 monthly immediately. The court of appeals reversed, following prior New Mexico precedent requiring retirement benefits in community property to be divided on a pay-as-it-comes-in basis absent contrary agreement, and the New Mexico Supreme Court granted certiorari.
Whether, upon divorce, the trial court should divide marital property so that each spouse receives complete and immediate control over his or her share of the community property.