IN RE MARRIAGE OF ZAHM

No. 15877-2-III.

955 P.2d 412 (1998)

In re the MARRIAGE OF L. Dianne ZAHM, Respondent, and Kermit A. Zahm, Appellant.

Court of Appeals of Washington, Division 3, Panel Eight.

May 5, 1998.


Attorney(s) appearing for the Case

William S. Lowry, Walla Walla, Christopher M. Constantine, Tacoma, for Appellant.

Albert J. Golden, Golden & Knowlton, Walla Walla, for Respondent.


BROWN, Judge.

Today we decide for the first time in Washington, whether indivisible social security benefits can be considered by a trial court when making provision in a marital dissolution for property division or maintenance. We hold they can. Because of the trial court's error in characterizing the benefits as community property instead of separate property was harmless, we decide there was no abuse of trial court discretion...

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