Camisa v. Camisa – Case Brief Summary (Vermont)

In Camisa v. Camisa, 168 Vt. 563, 565, 714 A.2d 641 (1998), the Court affirmed a trial court's decision to determine the coverture fraction based on the date of the initial divorce decree. Camisa, 168 Vt. at 564, 714 A.2d at 642.

The trial court based this determination on the principle that the coverture fraction should "reflect the number of years in which both parties contributed to the growth of the pension." Id.

Under the circumstances, the trial court considered the date of the initial divorce decree rather than the date of separation an appropriate benchmark. Id.

As Camisa illustrates, the Court will defer to the trial court's exercise of discretion in apportioning pensions between parties to a divorce as long as the trial court has supported its decision with adequate factual findings and reasoning to support its determination.