Equitable Apportioning of Retirement Assets in a Divorce Negotiation

by Howard Phillips

In order to equitably divide retirement plan benefits/accounts that have been accumulated during a marriage, a divorcing couple and their advisors must understand the two types of retirement plans:

1. <i>Defined contribution plans</i> offer individual accounts for the participants, or...

2. <i>Defined benefit</i> plans offer retirement benefits for the participants (sometimes shown as individual accounts in defined benefit plans, also known as <i>cash balance plans</i>).



In this essay, I'll focus on the major issue which faces a fair division of retirement benefits accrued in a non-cash balance defined benefit plan. Benefits payable from a defined benefit plan are calculated via a specific formula. That formula, usually, will combine the participant's compensation, the participant's plan service credits, a rate of benefit credit per year of service credit, and the age at which the benefit is expected to begin.

For example, the plan formula for benefit calculation might be 1.5% of final average pay (the average of the highest 5 years in the last 10 years of service) times the number of years of service credits, payable monthly from age 65. So, a participant with twenty years of service at 65 will have earned a monthly retirement benefit equal to 30% of final average annual pay divided by twelve.

Therefore, the issue to be deliberated is:

<i>Do we apportion the retirement benefit earned as of the date of the complaint, or do we apportion the retirement benefit earned (or projected to be earned) at 65, prorated for the relationship between the years of service credits during the marriage and the years of service credits earned (or projected to be earned) at 65?</i>

It's not unusual to find that benefit projections properly prorated will result in a larger share for the non-participant spouse.

For example,

- Retirement Benefit earned at date of complaint = $1,000 per month
- Retirement Benefit projected at 65 = $3,000 per month
- Years of service credits earned during the marriage = 10
- Years of service credits projected at 65 = 20
- Retirement benefit to be divided (non-projected) = $1,000 per month
- Retirement Benefit to be divided (projected) = $1,500 per month

($3,000 times 10/20)

When a marital estate is involving one or more retirement plans, the issues needing deliberation are numerous. With guidance, each deliberation will result in a fair division of retirement plan assets.



<a href="http://divorcepensionrights.com/dividingretirementassets/about-the-author/">Howard
Phillips</a> is a pension actuary, and has helped organizations and their workers
with the creation, launch and administration of their tax-qualified
retirement plans.Over his forty year career, Mr.
Phillips was President of Consulting Actuaries Incorporated and President and
Director of The American Society of Pension Professionals and Actuaries.<a href="http://divorcepensionrights.com/dividingretirementassets/">DIVIDING RETIREMENT PLAN ASSETS IN A DIVORCE</a> is his
1st book release.

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