Why isn the non-employee spouses share frozen at the time of divorce?
A. Maryland’s appellate courts have disapproved of attempts to freeze the non-employee spouse’s share of the employee spouse’s pension to its then current fixed value at the time of divorce. They have observed that an employee spouse’s increases in salary after divorce would be based in part on work performance during the marriage. Moreover, any future adjustments by management might well relate to the length of the employee spouse’s total service, including the period of the marriage.
