Cohen v. Cohen

937 S.W.2d 823, 1996 Tenn. LEXIS 567
CourtTennessee Supreme Court
DecidedSeptember 16, 1996
StatusPublished
Cited by287 cases

This text of 937 S.W.2d 823 (Cohen v. Cohen) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. Cohen, 937 S.W.2d 823, 1996 Tenn. LEXIS 567 (Tenn. 1996).

Opinion

OPINION

WHITE, Justice.

This divorce case raises two important questions involving the classification of marital properly under our statutes. The first question is whether an interest in an unvested retirement plan is marital property. The second question is whether increased equity in separate real property is martial properly. The trial court declined to consider the husband’s interest in an unvested retirement plan as marital property, but did conclude that the increased equity in the husband’s separate real property was marital property subject to division. The Court of Appeals reversed on both counts. We granted permission to appeal to determine whether the legislature’s definition of marital property set forth in Tennessee Code Annotated Section 36-4 — 121(b)(1) includes either unvested retirement plans or increased equity in separate real property. We hold that the value of unvested retirement plans and increased equity in real separate property accruing during the marriage constitute marital property. Accordingly, we affirm in part and reverse in part the judgment of the Court of Appeals. 1

*826 I.

Prior to his marriage to Pamela Cohen on September 1, 1982, Jay Cohen purchased a house for $75,000 from his aunt. 2 After the marriage, as a gift to Pamela Cohen, her family made improvements to the house valued at $10,000.

During the parties’ marriage, Mr. Cohen was employed by Nashville Metropolitan Fire Department as a paramedic. 3 In April, 1987, the department began making monthly contributions to the retirement plan on Cohen’s behalf.

In January, 1992, Mrs. Cohen filed for divorce. Mr. Cohen counterclaimed. The amended final decree of divorce, entered on August 11, 1993, awarded the wife an absolute divorce and sole custody of the child. It also divided the couple’s personalty and other assets. As to the marital residence, the decree ordered that the residence be sold with each party paying half of the monthly payments until the sale. The trial court extended credit as gifts to the husband for $25,000 and to the wife for $10,000 upon the sale of the home. The remaining equity was to be divided equally. The trial court declined to award the wife any interest in the husband’s unvested retirement benefits.

The Court of Appeals reversed the trial court on both issues. The appeals court held that the wife was not entitled to a division of the equity in the real property because she had not made a substantial contribution to its increase. Conversely, the intermediate court held that the unvested retirement benefits which had accrued during the course of the marriage was marital property. The case was remanded the ease to the trial court for valuation of the retirement account and a determination of the most appropriate method of division and distribution.

We granted permission to appeal to review these two determinations. We conclude that Tennessee Code Annotated Section 36-4-121 contemplates that both the unvested retirement benefits and the increased equity in the real property be considered marital property.

II.

Unvested Retirement Benefits

Prior to determining whether unvested retirement benefits are marital property under our statute, we will review the concepts. An employee has a “vested” retirement right when the employee has completed the requisite term of employment necessary to be entitled to receive retirement benefits at some future time. In re Marriage of Brown, 15 Cal.3d 838, 126 Cal.Rptr. 633, 635, 544 P.2d 561, 563 (1976); In re Marriage of Grubb, 745 P.2d 661, 665 (Colo.1987); Grode v. Grode, 543 N.W.2d 795, 801 (S.D.1996); G. Blumberg, Marital Property Treatment of Pensions, Disability Pay, Workers’ Compensation, and Other Wage Substitutes: An Insurance, or Replacement, Analysis, 33 UCLA L.Rev. 1250, 1259 (1986). A “vested” right matures when an employee reaches retirement age and elects to retire. In re Marriage of Grubb, 745 P.2d at 665. Frequently, vested, but immature rights, are conditioned upon the employee reaching retirement age. In re Marriage of Brown, 126 Cal.Rptr. at 635, 544 P.2d at 563. An “unvested” retirement account is one in which the time period requirements have not been fulfilled. Grode v. Grode, 543 N.W.2d at 802.

Our analysis begins with Tennessee Code Annotated Section 36-4H21 which defines marital and separate property:

(b)(1)(A) “Marital Property” means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage up to the date of the final divorce hearing and owned by either or both spouses as of the date of filing of a complaint for divorce, except in the case of fraudulent conveyance in anticipation of filing, and including any property to which a right was acquired up to the *827 date of the final divorce hearing, and valued as of a date as near as reasonably possible to the final divorce hearing date.
(B)“Marital property” includes income from, and any increase in value during the marriage, of property determined to be separate property in accordance with subdivision (b)(2) if each party substantially contributed to its preservation and appreciation and the value of vested pension, retirement or other fringe benefit rights accrued during the period of the marriage.
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(2) “Separate property” means:
(A) All real and personal property owned by a spouse before marriage:
(B) Property acquired in exchange for property acquired before the marriage;
(C) Income from and appreciation of property owned by a spouse before marriage except when characterized as marital property under subdivision (b)(1); and
(D) Property acquired by a spouse at any time by gift, bequest, devise or descent.

Tenn.Code Ann. § 36-4-121(b)(l)(A), (B) & (2) (1991 Repl.).

First, we must determine whether the right to an unvested retirement benefit fits within the statutory definition of marital property. In construing statutes, we look to the plain language and give effect to the ordinary meaning of the words. Marital property, under our law, includes “all ” property “acquired ... during the course of the marriage” or to which “a right was acquired up to the date of the final divorce hearing.” Tenn.Code Ann. § 36-4-121(b)(l)(A) (1991 Repl.) (emphasis added). Property is generally understood to include anything of value. See generally Black’s Law Dictionary 1095 (5th ed. 1979).

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Bluebook (online)
937 S.W.2d 823, 1996 Tenn. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-cohen-tenn-1996.