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


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