Dow v. Billing
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The Supreme Judicial Court affirmed the judgment of divorce in this case, holding that there was no merit in Husband's arguments concerning a premarital agreement and a 401(k) plan Husband created during the marriage and that any error in the district court's consideration of the value of Husband's non marital property in its property distribution was harmless.
On appeal, Husband argued that the district court (1) erred by interpreting the parties' premarital agreement as not applicable to the 401(k) plan and by failing to consider his testimony that the 401(k) plan was funded in part with nonmarital property, and (2) abused its discretion by making contradictory findings regarding its consideration of his nonmarital real estate and the debt associated with that property. The Supreme Judicial Court affirmed, holding (1) the court did not err in concluding that the 401(k) plan was marital property; and (2) any error in the manner of the court's consideration of the value of Husband's nonmarital real property was harmless.
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