Erb v. Erb

In this case, we must determine whether a court may order, as part of a marital property award in a divorce action, The Police and Firemen’s Disability and Pension Fund of Ohio to pay pension benefits to a non-employee spouse prior to the participant’s retirement. We find that the domestic relations court erred in issuing such an order because it violates the terms of the retirement plan. Accordingly, we reverse the court of appeals and remand the cause to the trial court.1

Pension or retirement benefits accumulated during the course of a marriage are marital assets subject to property…