Umber v. Umber

HODGES, Justice.

The principal question on appeal is whether the trial court properly determined that federal social security benefits received by the appellee were his separate property and not subject to division as property settlement in a divorce proceeding.

The parties owned and operated a pharmacy. The appellant, Novaline Umber, was a registered pharmacist and the appellee, Herbert L. Umber, managed the pharmacy. The wife did not receive a salary, although she worked four or five hours per day. Social security taxes were paid on the husband’s income. The wife did not request, nor did she…