Depot v. Depot

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a trial judge “may not assign a lump sum value to Social Security benefits and either transfer or offset those benefits when exercising its [statutory] authority to divide marital property”
• stating that a trial judge “may not assign a lump sum value to Social Security benefits and either transfer or offset those benefits when exercising its [statutory] authority to divide marital property”
• “Failing to consider Social Security benefit payments a spouse can reasonably be expected to receive in the near future may result in a distorted picture of that spouse’s financial needs, and, in turn, an inequitable division of the marital property.”
• “Failing to consider Social Security benefit payments a spouse can reasonably be expected to receive in the near future may result in a distorted picture of that spouse’s financial needs, and, in turn, an inequitable division of the marital property.”
• “Congress has specifically excluded any similar payment obligation arising from any community property settlement, equitable distribution of property, or other division of property between spouses or former spouses.”
• “A divorce court’s consideration of a spouse’s anticipated or actual Social Security benefit payments as a relevant factor ... does not represent a transfer or assignment ... in violation of the Social Security Act’s anti-assignment provision.”

Source: CourtListener parenthetical corpus (CC0).