Title: Dividing Retirement Benefits in Divorce: The Baggs v. Baggs Case

Posted by George H. Brown | Sep 20, 2023 | 0 Comments

In the realm of family law, divorce cases often involve complex financial matters, especially when it comes to dividing assets like retirement benefits. The Oklahoma Supreme Court's decision in Baggs v. Baggs, handed down on November 15, 2016, sheds light on a critical issue - the divisibility of retirement benefits, specifically the Deferred Retirement Option Plan (DROP) or Plan B option, in divorce cases. In this blog, we delve into the details of this case and its implications for divorcing couples.

The Baggs Case: A Brief Overview

Jennifer D. Baggs filed for divorce from her husband, Steven J. Baggs, who worked as a firefighter in Oklahoma. A significant part of the husband's financial future was tied to a retirement plan, namely the DROP or Plan B option, which was designed for Oklahoma firefighters. The wife sought a share of this retirement plan, but the critical question was whether it could be divided as marital property in the event the husband chose it after the divorce.

Trial Court Decision

The trial court granted the divorce but decided not to divide the Plan B option as marital property. The court believed that it should not make investment decisions on behalf of the parties, leading to a denial of the wife's claim.

Court of Civil Appeals Decision

The Court of Civil Appeals upheld the trial court's decision, citing a prior case, Ballinger v. Ballinger, which had ruled that the Plan B retirement option was not divisible in divorce proceedings.

Supreme Court's Decision

In a unanimous decision, the Oklahoma Supreme Court overruled the precedent set by Ballinger v. Ballinger. The court held that the Plan B option, when chosen by a vested former spouse upon retirement, should be divisible to the extent that any funds deposited into it can be traced back to the marital years. Crucially, the court emphasized that the contingency of whether the husband would choose the Plan B option upon retirement was irrelevant. What mattered was whether any portion of the funds in the Plan B account was earned during the years of the marriage.

Implications of the Baggs Decision

The Baggs v. Baggs decision had several significant implications:

Clarification of Divisibility: The decision clarified that even contingent retirement benefits, like the Plan B option, could be considered divisible marital property if any part of the funds in the account was earned during the marriage. This gave divorcing spouses a clearer path to claim a share of such benefits.

Empowering District Courts: The ruling reinforced the authority of district courts in divorce cases to divide marital property, including pension rights, regardless of whether those rights were contingent on future events.

Financial Planning in Divorce: Divorcing couples, especially those with retirement accounts, needed to consider the potential division of retirement benefits in their financial planning.

Importance of Legal Precedent: The case highlighted the significance of legal precedent and the potential for prior decisions to be overruled when new interpretations of the law emerge.

In conclusion, the Baggs v. Baggs case served as a pivotal moment in the evolution of family law, providing clarity on the divisibility of retirement benefits in divorce cases. It emphasized the importance of a fair and just division of assets, even when those assets are contingent on future events. As divorce cases involving financial complexities continue to arise, this decision remains a guiding principle for courts and couples alike.

About the Author

George H. Brown

George H. Brown, Esq. Location: Oklahoma City, Oklahoma Phone:405-548-1970; Fax: 405-548-1986, George H. Brown practices in the areas of civil litigation, business and commercial litigation, probate, family law, guardianships, personal injury, wrongful death, insurance bad faith, adoption and corporate transactions.


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