Summary
The Ohio Supreme Court held that Voluntary Separation Incentive benefits received by a military service member qualify as marital property under Ohio Revised Code 3105.171. Because the benefits were calculated based on military service and pay, the portion accrued during the marriage was divisible upon divorce. The court reversed the appellate court and reinstated the trial court's judgment.
Topics
Practice areas
Questions Presented
- Whether benefits received by a military member under the Voluntary Separation Incentive program qualify as marital property under R.C. 3105.171 and are divisible upon divorce.
Holdings
- Benefits received by a member of the military under the Voluntary Separation Incentive program qualify as marital property under R.C. 3105.171 and are divisible upon divorce to the extent accrued during the marriage.
Key quotations
“We conclude that benefits received by a member of the military under the VSI program qualify as marital property under R.C. 3105.171 and as such are divisible upon divorce.” (at 397)
“Accordingly, based on the case law and the original purpose of the VSI program, we hold today that benefits received by a member of the military under the VSI program qualify as marital property under R.C. 3105.171 and as such are divisible upon divorce.” (at 400)
Factual background
Randy and Caroline Mackey married in England in 1989 and had two children. Randy, a longtime Air Force member, accepted a Voluntary Separation Incentive in 1992 to leave the military and provide a more stable home environment for his family; the VSI provided an annual annuity calculated from his pay and years of service. In the divorce, the trial court found that 42 of his 175 months of military service occurred during the marriage and treated 24 percent of the VSI benefits as marital property.
Procedural history
The trial court granted the parties a divorce and determined that 24 percent of Randy Mackey's VSI pension was marital property subject to division, based on the portion of his military service accrued during the marriage. The court of appeals reversed, holding that the VSI benefits were not marital property. The Supreme Court of Ohio reversed the appellate judgment and reinstated the trial court's judgment.
Remand instructions
None; the judgment of the trial court was reinstated.