Mark F. Duncan v. Cheryl Ann Duncan

Summary

The court reversed the judgment requiring Mark Duncan to reimburse Cheryl Duncan for the decline in value of her share of a retirement account. It held that the qualified domestic-relations order segregated Cheryl’s share as her separate property, so she bore losses caused by market fluctuations after segregation, particularly where she declined an available distribution. The court also held that the circuit court lacked jurisdiction to act on Duncan’s motion for reconsideration after the applicable thirty-day period expired.