Time Rule Formula is Key
The most common method courts use for dividing a defined benefit plan is the “time rule formula.” This calculates the alternate payee’s share based on how much of the pension was earned during the marriage. For example:
- If the participant worked at the plan for 20 years, and 10 of those were during the marriage, then the marital share would be 50%.
- The alternate payee could be awarded half of that marital portion—so 25% of the total benefit.
This method is typically fair and accepted by most plan administrators.

