Severs v. Severs

BOEHM, Justice.

We hold that future disability income is a divisible marital asset in a dissolution only if the benefits are contractual rights of the beneficiary and were voluntarily purchased with marital assets. Payroll taxes do not constitute voluntary payments for this purpose. We also hold that the antiassignment provision of the Social Security Act prevents state courts from assigning social security benefits in a dissolution decree.

Facts and Procedural History

Terry and Marjorie Severs were married in 1977, and a decree of dissolution was entered in August 2008. In 2002 Terry suffered a…