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Supreme Judicial Court of Maine· 3/29/2006

Depot v. Depot

Citations

  • 2006 ME 25
  • 893 A.2d 995
  • 2006 Me. LEXIS 33

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).

Judges: Saufley, Clifford, Dana, Alexander, Calkins, Levy

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

20 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.