Duncan v. Duncan (Majority)
Annotate this CaseCheryl Duncan filed for divorce from Mark Duncan. The circuit court entered a divorce decree, incorporating and adopting a property-settlement agreement between the parties but not merging it into the decree. The circuit court subsequently entered a Qualified Domestic Relations Order (QDRO), which separated Mark's retirement plan into an account for Mark and an account for Cheryl. Later, Cheryl filed a motion for contempt and judgment, seeking an award that she maintained represented the value of her interest in Mark's retirement plan following the date of the divorce. The court granted judgment in favor of Cheryl against Mark in the amount of $115,936, representing the decrease in market value of Cheryl's half of Mark's retirement account following their divorce. The Supreme Court reversed, holding that the circuit court clearly erred by entering the judgment against Mark for $115,936 where the losses due to market fluctuation occurred after Cheryl's portion of Mark's retirement plan had been segregated pursuant to the QDRO. Remanded.
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