Legal Question in Family Law in Maryland

Division of retirment income in a divorce

My wife's attorney refuse to consider her social security in calculating retirement income because he claims courts in Maryland (particularly Prince George's county) do not consider it. As a federal employee, I don't receive social security, but it is the bulk of my wife's retirement income. Is his claim accurate?


Asked on 7/25/99, 1:47 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Division of retirment income in a divorce

Your question is somewhat unclear, in that you didn't specify the context in which your wife's social security income is an issue. If this was for a determination of an alimony payment, the MD. Code, Family Law Article, Sec. 11-106 (b)(11)(iv) says that the right of a party to receive retirement benefits is one factor to be considered in determining the amount of alimony to be paid. If the context was the divison of marital property, the court generally awards a distribution of the retirement benefits at such time as the benefits are paid out. Don't you have an experienced family law attorney protecting your interests?

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Answered on 7/26/99, 4:44 pm


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