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Ohio Law - What is the 'Marital Portion' of a Defined Benefit Pension Plan? To determine the value of the marital portion of retirement benefits, the court will divide the number of years the parties were married during accrual of the pension by the total number of years the spouse was employed up to the evaluation date. (The evaluation date is one of: the date of separation, the factual end of the marriage, or the trial date. Usually, it is the trial date.) If the parties are relatively young, the courts will prefer to evaluate the pension and make a cash settlement at trial, in order to help the parties make a clean break. Cases: Hoyt (1990) 559 NE2d 1292 (In this case, the court described the formula for valuing the marital portion of pension benefits. Since the trial court had simply awarded the wife half the pension, the lower court was overruled. The part of the husband's pension earned before the marriage would be his separate property, and not subject to division. In this case, in which the parties were both 38 years old and in good health, the court also expressed its preference for cash settlement of the pension, rather than payments to occur when the pension eventually started paying out. Also, the cased permitted the court to designate the wife as the beneficiary of the entire pension in the event husband died.)
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