Legal Question in Family Law in Minnesota
Marital claim on SSDI benefits
I began receiving social security disability payments in April 2003. I was considered disabled as of June 2002. I received ''back pay'' for December 2002, and January/February/March of 2003. My husband left me 1-20-2003. We are in the middle of a divorce. His attorney says he is entitled to 1/2 of the back pay and 1/2 of my monthly payments until the divorce is final. Is this accurate? If not, please give me a case # or statute # for my reference. Thanks
1 Answer from Attorneys
Re: Marital claim on SSDI benefits
I've taken a quick look at the Minnesota cases. It was only a glance. What I see is at least one case where the court did consider social security disability payments already received and which were deposited in a bank as being marital assets and subject to a property division between the parties. I don't see anything which says that the continuing incoming payments are proptery, however. That doesn't mean there isn't a case out there that says it is or might be, but I didn't see one.
I would think that the flow of ongoing payments is income but not necessarily an asset.
If you have a lawyer, ask him or her to research this. The body of case law is massive. If you don't have a lawyer, get one.
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