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Michigan Law - What is the "Marital Portion" of a Defined Benefit Pension Plan? The marital portion of the pension plan is: the number of years married and employed, divided by the total number of years working until retirement. Cases: Kurz, 178 Mich App 284 (In this case, the trial court erred in awarding the wife a straight 50% of the husband's payments from two pension plans, upon his retirement. The portions which accrued during the two years the husband worked for his employer before the marriage, and the years he worked subsequent to the divorce were not marital property subject to division. The trial court was directed to reevaluate the pensions using the husband's accrued benefit and his salary level on the date of the original divorce judgment. The parties were married for 24 years and had two children, both of whom had reached majority at the time of the divorce.)
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