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New York 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. This portion is then subject to "equitable division" by the court. Cases: Dolan (1991) 577 NYS2d 195 (The court found that approximately 48% of the disability pension was due to deferred compensation and gave the spouse half that, or 24% of the total. The remaining 52% was due to compensation for personal injury, which is separate property.) Cohn (1989) 547 NYS2d 85 (The pension plan should be valued as of the date of the filing for divorce.)
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