In re Marriage of Hutchinson
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The Supreme Court affirmed in part and vacated in part the judgment of the court of appeals in this dissolution of marriage proceeding, holding that, contrary to the judgment of the lower court, Husband's concealment of a certain pension was intrinsic fraud.
Throughout negotiation within the proceedings below, Husband failed to disclose his GE retirement pension. After Wife discovered the omission five years later she brought this action seeking to modify the dissolution decree by awarding her part of the pension, alleging extrinsic fraud. In response, Husband argued that the alleged fraud was intrinsic and that reasonable diligence on Wife's part would have led to the discovery of his pension within one year after entry of the order. The district court entered judgment for Wife. The court of appeals reversed in part, holding that the district court properly found the fraud was extrinsic but erred in determining that Wife would not have found the pension with reasonable diligence. The Supreme Court vacated in part, holding (1) Husband's concealment of the GE pension was intrinsic fraud; and (2) Wife would have discovered the pension within one year with reasonable diligence.
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