VOELKER v. VOELKER, 468 Mich. 888 (2003)

661 N.W.2d 236

REX VOELKER, Plaintiff-Appellant, v. SHARON VOELKER, Defendant-Appellee.

No. 122453.Supreme Court of Michigan.
April 22, 2003.

COA: 229642, Genesee CC: 99-210850-DM

On order of the Court, the delayed application for leave to appeal from the August 30, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, VACATE in part the judgment of the Genesee Circuit Court, and REMAND this case to the Genesee Circuit Court for further consideration in light of this order. On remand, the court shall clarify whether it intended to award defendant the same portion of plaintiff’s pension as if she had been named as a beneficiary under the “hundred percent joint and survivorship” option after a coverture was applied. If so, the court shall obtain proof as to the amount of plaintiff’s pension had he chosen that option. On remand, the trial court shall also determine the value of the pension and the costs of a life insurance policy for plaintiff. If a life insurance policy is determined to be required, the court shall devise a method of decreasing the amount to be paid to defendant as she receives more

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alimony and articulate reasons for its decision.

We do not retain jurisdiction.

Kelly, J., would grant leave to appeal.

Weaver, J., would deny leave to appeal.