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SEVERS v. SEVERS

No. 82S01-0511-CV-597.

837 N.E.2d 498 (2005)

Terry SEVERS, Appellant (Petitioner below), v. Marjorie SEVERS, Appellee (Respondent below).

Supreme Court of Indiana.

November 22, 2005.

Attorney(s) appearing for the Case

Malcolm S. Gwinn, Toby D. Shaw II, Evansville, for Appellant.

Michael C. Keating, Evansville, for Appellee.

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.

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