2018 Ohio 3141
Ohio Ct. App.2018Background
- Susan and Michael Keller divorced by agreed decree on July 31, 2015 after a 32‑year marriage; the decree required equal division of all retirement/employment benefits and directed use of QDRO(s) for qualified plans.
- Exhibit D to the decree listed several accounts and noted that qualified pension amounts would be divided pursuant to a QDRO and that non‑qualified portions would be split on an “if, as, and when” basis, with taxes deducted.
- The parties later filed an agreed judgment entry reiterating equal division of retirement benefits; no specific valuation date for pension division was specified in the decree or subsequent agreement.
- A dispute arose over whether the Nationwide and IBM pension interests should be divided as of the divorce date (July 31, 2015) using a frozen coverture fraction or at the spouse’s future retirement date (traditional coverture method).
- The trial court held the pensions must be divided effective as of the termination of the marriage (July 31, 2015) and that the wife’s 50% share should be determined using a frozen coverture fraction; the court issued QDROs accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper valuation date for division of IBM and Nationwide pension plans | Keller (wife) argued QDRO should follow plain decree language and divide benefits equally at appellee’s future retirement (use retirement date) | Michael (husband) argued division should be effective as of the divorce date (terminate marriage date) | Court held the decree unambiguously required equal division effective at termination of marriage (July 31, 2015) |
| Appropriate valuation method (frozen coverture vs. traditional coverture) | Keller argued benefits should be calculated at retirement value (traditional coverture) | Michael argued frozen coverture as of divorce date is required by decree language | Court held frozen coverture method required because decree awarded half the pension as of the divorce date |
Key Cases Cited
- (No key authorities with official reporter citations were provided in the opinion that meet the requirement to list only officially reported cases.)