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Case Law Of Note

Article: May 15, 2014  |  Malpractice AlertsMalpractice Alerts Archived

In a recent 4-3 decision, Daniel v Daniel, Slip Opinion No. 2104-Ohio-1161, the Ohio Supreme Court held that unvested military benefits earned during marriage fall within the definition of marital property in Ohio Revised Code 3105.171 (A)(3)(a) and must be considered for division under Ohio Revised Code 3105.171 (C).

Justice O’Neill, writing for the majority, said the statute does not distinguish between vested or unvested retirement benefits. He noted that the Ohio Supreme Court in Hoyt v. Hoyt, 53 Ohio St.3d 177(1990) held that vested pension benefits are marital property.  However, the Court had never addressed unvested benefits in this context.

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