The Law Office of Kurt H King

December 19, 2011

Is Social Security Disability a Marital Asset in Missouri Divorces

Filed under: Divorce,Family Law — kurthking @ 9:34 pm
Tags: , , ,

A husband in a Missouri divorce case has a claim for Social Security disability.   Is the wife entitled to half of it as marital property? 

Answer:  No.  Missouri statute 169.572 prohibits state courts from dividing social security benefits in divorce cases.   That law plainly says–“No court shall divide or set aside any federal old-age, survivors or disability insurance benefit provided to any party pursuant to the federal Social Security Act . . ., in any proceeding for dissolution of marriage.”

See also the decision of the Missouri Court of Appeals in the case of Litz v. Litz, 288 S.W.3d 753 (2009), which followed section 169.573 in holding that Social Security disability benefits are NOT marital property.

Kurt H. King

The Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri

816.781.6000

www.kurthking.com

Bankruptcy, Child Custody & Support, Divorce & Modification, Family Law, Personal Injury,Missouri Workers’ Compensation

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

%d bloggers like this: