Daniel v. DanielAnnotate this Case
In this divorce action, the trial court concluded that Husband’s unvested military benefits could not be divided because the military retirement benefits were a “mere expectancy.” The court of appeals affirmed, concluding that there was no need to decide whether unvested pension benefits were a marital asset because there was insufficient evidence regarding Husband’s retirement benefits to require division of the asset. The Supreme Court reversed, holding (1) the unvested military retirement benefits earned during the marriage fell within the definition of marital property in Ohio Rev. Code 3105.171(A)(3)(a) and must be considered for division under section 3105.171(C); and (2) the trial court had enough information in this case to make an equitable division of the benefits. Remanded.