Duhaime's Law Dictionary


Coverture Formula Definition:

A method of proportionate division of a spouse's pension benefits as accrued during the period of marriage.

In Kimek, Justice Sievers explained:

"[T]he coverture formula provides that the numerator of the fraction used to determine the marital portion is essentially the number of months of credible service of the employed spouse while married and therefore is the pension contribution while married and that the denominator is the total number of months that the spouse has been or will be employed which resulted in the pension the employee will receive.

"This denominator number includes and will include the time the employed spouse worked before, during, and after the marriage."

REFERENCES:

  • Klimek v. Klimek, 775 N.W. 2d 444 (Court of Appeals of Nebraska, 2009)
  • Koziol v. Koziol, 636 N.W.2d 890 (Court of Appeals of Nebraska, 2001)
  • Rodriguez v Rodriguez, 70 A. 3d 799 (Appellate Division of the Supreme Court of New York, 2010)

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