Daniel v. Daniel (Slip Opinion)

2014 Ohio 1161, 11 N.E.3d 1119, 139 Ohio St. 3d 275
CourtOhio Supreme Court
DecidedMarch 26, 2014
Docket2012-2113
StatusPublished
Cited by23 cases

This text of 2014 Ohio 1161 (Daniel v. Daniel (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. Daniel (Slip Opinion), 2014 Ohio 1161, 11 N.E.3d 1119, 139 Ohio St. 3d 275 (Ohio 2014).

Opinions

O’Neill, J.

{¶ 1} In this case, we consider whether unvested military retirement benefits are assets to be considered in a divorce property division. While there is always a degree of uncertainty regarding the precise value of such benefits, it is beyond dispute that they do have value, even if that value will become fixed only in the future. Accordingly, a trial court must take such benefits into account when determining a division of property.

FACTS AND PROCEDURAL HISTORY

{¶ 2} Plaintiff, Christen Daniel, and defendant, Sean Daniel, were married in 1995. The marriage produced three children, who were aged 13, 11, and 7 at the time of the divorce hearing. During the marriage, the parties separated on two occasions: from fall 2004 until December 2005 and from January 2008 through the date of the divorce decree in 2011.

{¶ 3} The defendant enlisted in the National Guard just prior to the marriage, and at the time of the divorce hearing had been in the Guard for 16 years. Prior to the hearing, he reenlisted for an additional six years, and he will be eligible to receive retirement benefits once he accumulates 20 years of credit. The parties entered into an agreement regarding custody of the three children, so their divorce trial related only to the division of property and debt.

[276]*276{¶ 4} The matter was heard by a magistrate, who concluded that “Ohio law does not permit the court to divide a non-vested pension benefit.” The plaintiff objected to this finding, arguing that “since the Defendant is already contractually committed to remain in the military through vesting ‘age’, the court should have divided one-half of his retirement benefits during the years of marriage.” The plaintiff contended that the court erred in concluding that unvested military benefits cannot be divided and that the court should have divided those benefits by computing the ratio of the number of years of the defendant’s military service during the marriage to the total years of his military service. The trial court overruled the plaintiffs objection and adopted the magistrate’s decision. In its final order, the trial court found that the defendant’s military retirement benefits were a “mere expectancy” and concluded that there were “no retirement benefits for the court to divide.”

{¶ 5} The court of appeals affirmed this decision, even though it implied that the trial court’s analysis might have been incorrect. The majority concluded that there was no need to decide whether unvested pension benefits are a marital asset, because insufficient evidence regarding Sean’s retirement benefits was presented at trial in this case to require division of the asset. But a separate opinion dissenting on this point observed that in this case, “the potential military pension is the only marital asset that the parties may have,” and for that reason, “an exact valuation or further details concerning the plan was not necessary in order for the court to provide for the future division of this asset.” (Emphasis sic.) 2012-Ohio-5129, 2012 WL 5397178, ¶ 61 (Willamowski, J., concurring in part and dissenting in part). “[T]he trial court had before it all of the information that was needed in order to award Christen one half of the amount of any future military pension that was attributable to the points that were earned during the marriage.” Id. at ¶ 64. The plaintiff appealed, and this court accepted jurisdiction to determine whether unvested military retirement benefits are marital assets subject to division in divorce proceedings.

{¶ 6} We agree with the dissent in the court of appeals’ decision. While the exact amount to be divided is not ascertainable unless and, until the service member completes the required 20 years of service, the percentage of ownership of the benefits on the date of divorce can readily be discerned. It is simple math: the number of years in service compared to the number of years of marriage provides the formula for division.

ANALYSIS

{¶ 7} In any divorce action, the starting point for a trial court’s analysis is an equal division of marital property. R.C. 3105.171(C)(1); Neville v. Neville, 99 [277]*277Ohio St.3d 275, 2003-Ohio-3624, 791 N.E.2d 434, ¶ 5. Although the trial court was not specific on this point, it concluded, in essence, that because the defendant’s military retirement benefits had not vested, they were not marital property and were therefore not subject to division. We disagree.

{¶ 8} As defined in R.C. 3105.171(3)(a), “marital property” includes “[a]ll real and personal property that currently is owned by either or both of the spouses” and “[a]ll interest that either or both of the spouses currently has in any real or personal property, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage.” (Emphasis added.) R.C. 3105.171(A)(3)(a)(i) and (ii).

{¶ 9} The statute does not distinguish between vested or unvested retirement benefits. The portion of the statute that sets forth what is not to be considered marital property does not mention retirement benefits at all. R.C. 3105.171(A)(3)(b). We have held that vested pension benefits are marital property. Hoyt v. Hoyt, 53 Ohio St.3d 177, 178-179, 559 N.E.2d 1292 (1990). But we have never addressed unvested benefits in this context.

{¶ 10} Admittedly, it may be difficult to ascertain the value of benefits that have not yet vested and may never vest. But it does not follow that those future benefits have no value. Most states hold that unvested retirement benefits accrued during the marriage constitute marital property subject to division. See Cohen v. Cohen, 937 S.W.2d 823, 829 (Tenn.1996) (listing cases from 37 states).

{¶ 11} In addressing the division of pension benefits, courts have fashioned two approaches: the “present cash value” method, which requires the court to place a value on the benefit as of the date of the final decree and divide that value between the parties, and the “deferred distribution” method, in which the court devises a formula for dividing the monthly benefit at the time of the decree, but defers distribution until the benefits become payable. Cohen at 831; see also Hoyt at 181.

{¶ 12} Our holding in Wilson v. Wilson, 116 Ohio St.3d 268, 2007-Ohio-6056, 878 N.E.2d 16, provides a useful example of the “deferred distribution” method of accomplishing an equitable division of an unvested retirement benefit. The trial court in that case included in the divorce decree the following language: “The defendant shall receive one-half of the coverture value of the plaintiffs unvested Teamsters pension if and when it becomes vested. This division shall be through a qualified domestic relations order (QDRO) prepared and signed at the time of the vesting.”1 Id. at ¶ 3.

[278]*278{¶ 13} Similarly, in Hoyt this court approved the division of a vested but unmatured pension benefit by the use of a qualified domestic-relations order, but rejected the claim that the trial court must always use the present vested value of a plan in reaching its division of property. Id., 53 Ohio St.3d at 183-184, 559 N.E.2d 1292.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

S.M. v. A.P.
2025 Ohio 2985 (Ohio Court of Appeals, 2025)
Stueve v. Stueve
2025 Ohio 2359 (Ohio Court of Appeals, 2025)
Kerkay v. Kerkay
2024 Ohio 3185 (Ohio Court of Appeals, 2024)
McKinley v. Hall
2024 Ohio 3100 (Ohio Court of Appeals, 2024)
Jackson v. Jackson
2024 Ohio 1755 (Ohio Court of Appeals, 2024)
Hall v. Bricker
2024 Ohio 1339 (Ohio Court of Appeals, 2024)
Halton v. Halton
2024 Ohio 1165 (Ohio Court of Appeals, 2024)
Head v. Head
2024 Ohio 276 (Ohio Court of Appeals, 2024)
Jardim v. Jardim
2023 Ohio 4797 (Ohio Court of Appeals, 2023)
Cusack v. Cusack
2022 Ohio 2248 (Ohio Court of Appeals, 2022)
Anderson v. Anderson
2020 Ohio 4415 (Ohio Court of Appeals, 2020)
Walsh v. Walsh (Slip Opinion)
2019 Ohio 3723 (Ohio Supreme Court, 2019)
Miller v. Miller
2019 Ohio 3420 (Ohio Court of Appeals, 2019)
Stratton v. Stratton
2019 Ohio 3279 (Ohio Court of Appeals, 2019)
Bursley v. Bursley
2019 Ohio 1556 (Ohio Court of Appeals, 2019)
Hine v. Hine
2019 Ohio 734 (Ohio Court of Appeals, 2019)
Buckingham v. Buckingham
2018 Ohio 2039 (Ohio Court of Appeals, 2018)
Harding v. Harding
2016 Ohio 7028 (Ohio Court of Appeals, 2016)
Calkins v. Calkins
2016 Ohio 1297 (Ohio Court of Appeals, 2016)
Jenkins v. Jenkins
2015 Ohio 5484 (Ohio Court of Appeals, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
2014 Ohio 1161, 11 N.E.3d 1119, 139 Ohio St. 3d 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-daniel-slip-opinion-ohio-2014.