Smith v. Smith

Over the past two decades, this Court has divided repeatedly with respect to the proper method for equitably distributing defined benefit pensions between employee and non-employee spouses. Faced once again with determining what portion of a pension, including any postseparation increase in the pension, is marital property subject to equitable division, we *84revisit the divergent policies expressed in our prior cases and examine the legislature’s response in amending the Divorce Code’s definition of marital property to address defined benefit pensions. See 23 Pa.C.S. § 3501(c)(1). After…