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Social Security Benefits in Divorce Cases
One of the most important family law issues that vary from state to state is the question of whether Social Security benefits should be considered or offset when making property determinations. There is quite a bit of law on the subject and a thorough review of your own state's applicable law is required. A good place to start is the 2014 Oregon Supreme Court decision In re Marriage of Herald and Steadman, 355 Or. 104, 322 P.3d 546 (March 20, 2014). That case was taken to the United States Supreme Court, but certiorari was denied in January 2015. The lengthy Herald decision, which is summarized herein, analyzes the law in a number of states.
An Illinois appellate court affirmed the trial court's judgment in an unpublished decision, concluding that the court did not err by refusing to offset the value of the husband's pension in lieu of Social Security benefits by the value of Social Security benefits he would have received had he participated in Social Security. In re Marriage of Mueller, 2014 IL App (4th) 130918-U. Although that opinion was not published and therefore could not be cited as precedent, the Illinois Supreme Court accepted a discretionary petition for leave to appeal, heard oral argument in March of 2015 and recently decided the matter. The court's decision is discussed below.
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