Legal Opinion · Dissent

Reffalt v. Reffalt

Court of Appeals of Mississippi

Decided December 13, 2011No. 2010-CA-01013-COAPublished

1DissentRussell, J.

¶ 17. The majority affirms the chancellor’s decision to award Gloria a portion of Stephen’s social security benefits after finding the settlement agreement ambiguous and determining that “this income” included Stephen’s retirement pension plan plus his social security benefits. I disagree; therefore, I respectfully dissent. Social security benefits are not a marital asset; therefore, they are not subject to equitable division in a divorce based on the doctrine of federal preemption. I find that Gloria is entitled to one-half of Stephen’s *1227retirement income from Martin Marietta, but she is not…

2Cases cited17 opinions

  1. Flemming v. NestorSupreme Court of the United States · 1960
  2. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  3. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  4. Mansell v. MansellSupreme Court of the United States · 1989
  5. Matter of Marriage of Swan and SwanOregon Supreme Court · 1986

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