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Ohio Law - Can Pension Plans Be Divided? Pension plans are divisible marital property, to the extent value accrued during the marriage. In most states, unvested pensions earned during the course of marriage are marital assets to be considered in the equitable distribution. Section 3105.171(A)(3)(a)(i). Cases: Sprankle (1993) 621 N.E.2d 1310 (The parties had been married for 23 years. Their only substantial assets were a house and the pension. The husband kept the house, and the couple's three children were living there with him. The court stated that forcing cash distribution is preferable, to let the parties separate their futures. But here, the court upheld an order that the wife share the husband's pension payments when they were made.) Hoyt (1990) 559 NE2d 1292 (The court has broad discretion to structure the pension settlement, either as an immediate payout or as a payout to occur when the pension starts paying out.)
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