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Thursday, 12 February 2009 07:08 |
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As a whole, the law dictates how a court can divide benefits that are partly acquired as a Social Security replacement. According to Federal Law, state courts are strictly prevented from treating Social Security benefits as a marital asset. However, when the benefit is only partially tied to Social Security, the law becomes much grayer. On the one hand, some courts consider differences in eligibility for Social Security as at least a factor in dividing other assets. On the other hand, some courts will reduce the value of the benefits by the amount of the Social Security equivalent contained within these benefits. Yet other courts will hold that the differences in Social Security eligibility simply cannot be considered during Michigan Property Distribution. If your divorce involves a scenario like that discussed here, it is essential you talk to your Michigan Divorce Attorney. Your Michigan Family Law Lawyer will be able to analyze the type of benefits you or your spouse are receiving and how the court will likely classify them (marital property or private property). More so, your Michigan Divorce Lawyer will conduct a thorough analysis of Michigan law to determine which of the above three trends is most likely and thus create an argument for or against it.
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