Evans v. Evans

This case involves an issue of first impression in Michigan: whether social security and worker’s compensation benefits can be considered part of the marital estate for purposes of property division.

In September, 1975, plaintiff filed for divorce. Two months later, he was injured at his employment and was no longer able to work. On December 4, 1978, plaintiff redeemed his worker’s compensation accrued benefits for $5,176. He also redeemed a retroactive social security award of $8,279. The trial judge determined that these amounts were part of the marital estate and awarded defendant a…