In Re Marriage of Lehman

I respectfully dissent. A marital community has a contractual entitlement to all benefits earned by a spouse during the marriage under *189terms and conditions of employment then in effect. In my view, however, a dissolved community has no stake, by contract or otherwise, in any “enhancement” of benefits that was first offered after the marital separation and was not in effect during the marriage. This should particularly be the rule when the enhanced benefits are a new employer “subsidy” provided for the purpose of inducing a voluntary termination of employment, the future earnings and pension…