How a Pension’s Marital Share Is Calculated: The Coverture Fraction in Connecticut

By the FigureMyTax Editorial Team · How we calculate

Connecticut may assign any part of either spouse’s estate and sets no formula or percentage for a pension. The time-rule fraction only illustrates the marital part, and the factors in 46b-81(c) decide the share.

What does Connecticut say about dividing a pension?

Connecticut divides the whole estate, and a pension is part of it. At the time of entering a decree dissolving a marriage, the Superior Court may assign to either spouse all or any part of the estate of the other spouse (C.G.S. 46b-81(a)). The statute does not name pensions, set a percentage or give a formula.

Which factors guide the division in Connecticut?

The length of the marriage; the causes for the dissolution; the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities and needs of each party; the opportunity of each for future acquisition of capital assets and income; and the contribution of each party in the acquisition, preservation or appreciation in value of their respective estates (46b-81(c)). The statute does not rank the factors.

Is the division equal in Connecticut?

Not by rule. Many agreements split retirement accounts equally, but the statute does not require it, so the share in the Connecticut pension division calculator is your own assumption.

What is a coverture fraction in Connecticut?

It is a common way to find the marital part of a defined-benefit pension: months of service earned during the marriage divided by total months of service, applied to the benefit. Connecticut’s statute does not prescribe it; we use it for illustration only, because the court can also assign the premarital part.

How does the calculation work in a worked example in Connecticut?

As an example, suppose a pension of $3,000 a month with 300 months of service, of which 180 months were during the marriage. The marital fraction is 60%, so the marital part is $1,800 a month. At a 50% share, the other spouse’s illustrative share is $900 a month and the plan holder keeps $2,100.

This is a labeled example, not a prediction; a court may pick a different share or method.

Can the court weigh a pension that is not yet paying in Connecticut?

The statute directs the court to consider each party’s amount and sources of income and the opportunity of each for future acquisition of capital assets and income (46b-81(c)). A pension that has not begun paying is a source of future income and can be weighed with the other factors, even before the plan holder retires.

How is a pension actually paid to the other spouse in Connecticut?

Through a domestic relations order that the plan accepts. A qualified domestic relations order creates or recognizes an alternate payee’s right to receive all or part of a participant’s benefits and must meet federal requirements (26 U.S.C. 414(p); 29 U.S.C. 1056(d)(3)). Government plans have their own order rules, so ask the plan before the decree is drafted.

What if the decree does not mention the account in Connecticut?

Name each retirement account, its value and each party’s share in the decree. See the Connecticut property division calculator for the rest of the estate.

Frequently asked questions

Official sources

• C.G.S. 46b-81: assignment of property and transfer of title
• Connecticut General Statutes chapter 815j: dissolution of marriage
• 10 U.S.C. 1408: military retired pay in divorce
• 26 U.S.C. 414(p): qualified domestic relations orders
• 29 U.S.C. 1056(d)(3): ERISA domestic relations orders

This is general information, not legal advice. It is based on the cited Connecticut statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Connecticut attorney.