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appealtrialdivorcerespondent
appealtrialdivorcerespondent

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Matter of Marriage of Swan, 301 Or. 167, 720 P.2d 747, 55 USLW 2005

Facts

Petitioner on review (husband) and respondent on review (wife) were married in 1946. In 1983, the marriage was dissolved, and the dissolution decree awarded each spouse approximately one-half of the parties' property. The trial court calculated the total value of the property to be divided, including the value of both parties' Social Security benefits, and did not award spousal support. The wife appealed for spousal support, while the husband cross-appealed regarding the inclusion of social security benefits in the property division.

Petitioner on review (husband) and respondent on review (wife) were married in 1946. In 1983, the marriage was dissolved, and the dissolution decree awarded each spouse approximately one-half of the parties' property. The trial court calculated the total value of the property to be divided, including the value of both parties' Social Security benefits, and did not award spousal support. The wife appealed for spousal support, while the husband cross-appealed regarding the inclusion of social security benefits in the property division.

Issue

Whether the trial court erred in considering the value of social security benefits in the division of marital property.

Whether the trial court erred in considering the value of social security benefits in the division of marital property.

Rule

The value of social security benefits of either spouse may not be considered in the division of property under ORS 107.105(1)(f).

The value of social security benefits of either spouse may not be considered in the division of property under ORS 107.105(1)(f).

Analysis

The Supreme Court analyzed the federal Social Security Act, particularly the antiassignment clause, which prohibits the transfer or assignment of social security benefits. The Court concluded that including the value of social security benefits in property division conflicts with federal law, which aims to protect these benefits from being divided or assigned in divorce proceedings. The Court emphasized that state law must yield to federal law when there is a direct conflict.

The Supreme Court analyzed the federal Social Security Act, particularly the antiassignment clause, which prohibits the transfer or assignment of social security benefits. The Court concluded that including the value of social security benefits in property division conflicts with federal law, which aims to protect these benefits from being divided or assigned in divorce proceedings.

Conclusion

The Supreme Court held that it was error to consider the value of social security benefits in making a property division and remanded the case for further consideration.

The Supreme Court held that it was error to consider the value of social security benefits in making a property division and remanded the case for further consideration.

Who won?

The husband prevailed in the Supreme Court's ruling, as the Court determined that the inclusion of social security benefits in property division was contrary to federal law.

The husband prevailed in the Supreme Court's ruling, as the Court determined that the inclusion of social security benefits in property division was contrary to federal law.

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