Legal Opinion

Jackson v. Sollie

Court of Appeals of Maryland

Decided July 19, 2016No. 62/15Published

1Opinion of the Court

Milton Everett Jackson v. Gayle Ann Sollie f/k/a Gayle S. Jackson, No. 62, September Term 2015, Opinion by Greene, J. FAMILY LAW — DIVORCE — MARITAL PROPERTY Maryland is preempted by federal law from directly dividing Social Security benefits or indirectly dividing those benefits by way of an offset. This prohibition also prevents a judge from offsetting the hypothetical value of Social Security benefits within a CSRS pension when determining the distribution of marital property in a divorce proceeding. Based upon the evidence presented to the court, when determining whether to grant a…

2Cases cited29 opinions

  1. Flemming v. NestorSupreme Court of the United States · 1960
  2. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  3. Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
  4. Deering v. DeeringCourt of Appeals of Maryland · 1981
  5. Board of Trustees of the Employees' Retirement System v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1989

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