Thompson v. Thompson
968 N.E.2d 525
Ohio Ct. App.2011Background
- Jeffrey Thompson and Connie Thompson married in 1992 and have three children.
- Jeffrey, a public-school teacher, contributed to STRS; Connie contributed to Social Security and Summa pension.
- Jeffrey filed for divorce after about 17 years; Connie answered and counterclaimed; Jeff replied.
- Trial court previously decided Connie’s Social Security offset against Jeff’s STRS was inappropriate due to speculation about Connie’s future benefits.
- Pension evaluators valued Jeff STRS at $218,424.98, Connie Social Security at $82,386.23, and Connie Summa at $7,896.03; parties agreed to these valuations.
- On remand, the trial court offset Connie’s Summa against Jeff’s STRS but did not deduct the present value of a Social Security benefit Jeff would have received if he had contributed to Social Security; Jeff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not applying the Cornbleth method to offset Social Security against STRS. | Thompson argues Cornbleth requires deducting Social Security value from STRS. | The court followed Portage County policy and deemed Social Security offset too speculative. | Yes; the court abused discretion and must apply Cornbleth on remand. |
| Whether statutory amendments require consideration of retirement benefits in division of marital property. | R.C. 3105.171(F)(9) mandates considering retirement benefits; influence of Social Security excluded except for public-pension division. | Policy and precedent guide the division; Social Security should not be offset against STRS. | The trial court erred in not applying the Cornbleth method under statutory guidance and precedent. |
Key Cases Cited
- Cornbleth v. Cornbleth, 397 Pa. Super. 421, 580 A.2d 369 (Pa. Super. Ct. 1990) (present-value deduction of Social Security from public pension for marital value)
- Neel v. Neel, 113 Ohio App.3d 24, 680 N.E.2d 207 (Ohio 1996) (advocates Cornbleth approach for public pension vs. Social Security)
- DeChristefero v. DeChristefero, 2003-Ohio-3065 (11th Dist. Ohio) (adopted Cornbleth/Neel method for property division)
- Neville v. Neville, 99 Ohio St.3d 275, 791 N.E.2d 434 (Ohio 2003) (soncerning consideration of future Social Security benefits in equitable distribution)