Model Separation Agreement Language for Dividing Defined
Benefit Plans ‐ Using a Marital Portion Approach
Section ______: Retirement Benefits of Defendant under the [Insert actual (official) plan
name].
The Defendant is a Participant under the [Insert actual (official) plan name] (hereinafter
referred to as Plan). For the purposes of marital property division, the Plaintiff is hereby
granted a portion of the Defendant's retirement benefits under the Plan as designated below.
The Plaintiff's ownership interest in the specified portion of the Defendant's retirement
benefits shall become effective on the Assignment Date, which shall be the date that the
Judgment Entry for Divorce is filed with the court.
1. Amount of Plaintiff's Benefits: Effective as of such Assignment Date, the Plaintiff shall be
assigned a portion of Defendant's retirement benefits in an amount equal to the actuarial
equivalent of Fifty Percent (50%) of the Marital Portion of the Defendant's Accrued Benefit
under the plan as of the Defendant's benefit commencement date, or the Plaintiff's benefit
commencement date, if earlier. The Marital Portion shall be determined by multiplying the
Defendant's Accrued Benefit by a fraction (less than or equal to 1.0), the numerator of which is
the number of months of the Defendant's credited service in the Plan earned during the
marriage (from ______ to ______), and the denominator of which is the total number of
months of the Defendant's credited service in the Plan as of the earliest of his or her date of
cessation of benefit accruals or the date that the Plaintiff commences his or her share of the
benefits hereunder.
2. Postretirement Cost‐of‐Living Adjustments: The Plaintiff shall receive a pro rata share of
any postretirement cost‐of‐living adjustments (COLAs) or other economic improvements
made to the Defendant's benefits on or after the date of his or her retirement. Such pro rata
share shall be calculated in the same manner as the Plaintiff's share of the Defendant's
retirement benefits is calculated as set forth in Item 1.
3. Commencement Date and Form of Payment to Plaintiff: The Plaintiff may elect to
commence his or her share of the benefits under the Plan as of the earliest retirement date on
which the Defendant is eligible to commence benefits under the Plan. The Plaintiff may elect
to receive his or her benefits in any one of the allowable benefit distribution options permitted
under the terms and provisions of the Plan, other than a Qualified Joint and Survivor Annuity
with his or her current spouse as the beneficiary. The form of benefit elected by the Plaintiff is
to be based on the life expectancy of such Plaintiff. Any actuarial adjustment that might be
necessary to convert the Plaintiff's benefits to one based on his or her lifetime should be
applied to his or her share of the benefits. The form of benefit elected by Plaintiff is to be based
on the life expectancy of such Plaintiff. Any actuarial adjustment that might be necessary to
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