Ohio

Ohio Judges Support Excluding SS Benefits From Division of Property in Divorce

By Cleveland Law Library

The Ohio Judicial Conference and the Ohio Association of Domestic Relations Judges support Ohio HB 395, which would amend ORC 3105.171 and exclude social security benefits from division of property calculations in divorce cases. According to the OJC's Judicial Impact Statement, the change would restore the law as it was before Neville v. Neville was decided in 2003 and create only a single exception when social security benefits are relevant to dividing a public pension. Neville held that courts may consider future social security benefits in making an equitable division of marital assets. The Judges feel the bill will simplify divorce cases and avoid complex analyses that were taking place in courts where judges were trying to calculate future social security benefits without knowing whether either of the divorcing parties would re-marry or experience income changes.

Full post as published by Cleveland Law Library Weblog on July 11, 2008 (boomark / email).