Neville v. Neville

99 Ohio St. 3d 275
CourtOhio Supreme Court
DecidedJuly 23, 2003
DocketNo. 2002-1173
StatusPublished
Cited by156 cases

This text of 99 Ohio St. 3d 275 (Neville v. Neville) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neville v. Neville, 99 Ohio St. 3d 275 (Ohio 2003).

Opinion

Francis E. Sweeney, Sr., J.

{¶ 1} Plaintiff-appellee, Joe E. Neville, and defendant-appellant, Judi K. Ne-ville, were married on February 4, 1972. For almost 30 years, appellee was the primary wage earner while appellant stayed home and raised their three children, who are now emancipated. On September 20, 2000, appellee filed for divorce. At the time of the divorce hearing, held in May 2001, appellee was 52 years old and appellant was 50 years old.

[276]*276{¶ 2} The matter was heard before a magistrate. Although the parties agreed that they should be granted a divorce on the grounds of incompatibility, they could not agree on an equitable property division. Among the assets the magistrate considered were several retirement and profit-sharing accounts, the parties’ anticipated Social Security benefits, and the marital residence.1 In dividing the marital assets, the magistrate found that although the parties’ potential Social Security benefits could not be divided, their value could be considered in order to reach an equitable property division. The magistrate recommended that appellant be awarded the equity in the marital residence, explicitly balancing its value against appellee’s Social Security benefits. The magistrate further recommended that appellee be awarded the life insurance annuity and that the parties divide the remaining retirement accounts.2

{¶ 3} Over objections, including appellee’s objections to consideration of his Social Security benefits, the trial court adopted the magistrate’s recommendations. The court of appeals reversed, finding that the trial court erred in considering the parties’ Social Security benefits when dividing the marital property. The court concluded that Social Security benefits could be offset only against other defined-benefit retirement plans. The cause is before this court upon allowance of a discretionary appeal.

{¶ 4} In this case, we are asked to decide what consideration, if any, a trial court may give to future Social Security benefits when dividing marital assets in a divorce action. Appellant contends that a trial court, in formulating an equitable division of property in a divorce action, may take into account the value of future social security benefits in relation to any marital assets. However, appellee argues that Social Security benefits may be considered only to offset other retirement benefits. Appellee maintains that a trial court may not consider Social Security benefits in relation to all marital property because the court would in effect be dividing the Social Security benefits as marital assets, which contravenes federal law. For the reasons that follow, we hold that a trial court, in seeking to make an equitable distribution of marital property, may consider [277]*277the parties’ future Social Security benefits in relation to all marital assets. Accordingly, we reverse the decision of the court of appeals.

{¶ 5} In any divorce action, the starting point for a trial court’s analysis is an equal division of marital assets. R.C. 3105.171(C); see, also, Cherry v. Cherry (1981), 66 Ohio St.2d 348, 355, 20 O.O.3d 318, 421 N.E.2d 1293. However, R.C. 3105.171(C) clearly provides that where an equal division would be inequitable, a trial court may not divide the marital property equally but instead must divide it in the manner that the court determines to be equitable. In order to determine what is equitable, a trial court must consider the factors set forth in R.C. 3105.171(F). Since a trial court has broad discretion in the allocation of marital assets, its judgment will not be disturbed absent an abuse of discretion.

{¶ 6} To determine whether the trial court abused its discretion, we must first take a closer look at the nature of Social Security benefits. In general, pension and retirement benefits acquired by a spouse during the marriage are deemed marital assets that are subject to division. Erb v. Erb (1996), 75 Ohio St.3d 18, 20, 661 N.E.2d 175. Social Security benefits share many of the attributes of pension and retirement benefits, yet they are characterized differently under federal law.

{¶ 7} Specifically, Section 407(a), Title 42, U.S.Code, forbids any transfer or assignment of Social Security benefits and, in general, protects these benefits from “execution, levy, attachment, garnishment, or other legal process.”3 The United States Supreme Court has construed similar statutory language relative to other retirement benefits to mean that the benefits may not be divided in a divorce proceeding. See, e.g., Hisquierdo v. Hisquierdo (1979), 439 U.S. 572, 99 S.Ct. 802, 59 L.Ed.2d 1 (railroad retirement benefits); McCarty v. McCarty (1981), 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (military retirement pay); Mansell v. Mansell (1989), 490 U.S. 581, 109 S.Ct. 2023, 104 L.Ed.2d 675 (military disability benefits). The crux of these decisions is that federal law, which prohibits the division of these assets, prevails over state law, based upon the Supremacy Clause of the United States Constitution, Clause 2, Article VI, United States Constitution. In other words, federal law preempts state law that would authorize distribution of these benefits. Hisquierdo.

{¶ 8} In Hoyt v. Hoyt (1990), 53 Ohio St.3d 177, 178, 559 N.E.2d 1292, fn. 3, we therefore held that Social Security benefits themselves are not subject to division in a divorce proceeding. The question remains whether a trial court may consider Social Security benefits at all when dividing property in a divorce [278]*278proceeding. The courts that have addressed this issue have taken divergent positions.

{¶ 9} Some find it inappropriate to consider Social Security benefits at all. These courts reason that even considering the value of Social Security benefits contravenes federal law, since it essentially results in an improper division of these benefits, either directly or through an offset. See, e.g., Wolff v. Wolff (1997), 112 Nev. 1355, 1363, 929 P.2d 916; Olson v. Olson (1989), 445 N.W.2d 1; and In re Marriage of Swan (1986), 301 Ore. 167, 720 P.2d 747. Other courts have held that Social Security benefits may be considered only when they are compared to other retirement benefits. E.g., Smith v. Smith (1993), 91 Ohio App.3d 248, 255 632 N.E.2d 555. Going even further, the court of appeals in the instant case held that Social Security benefits can be offset only against other defined-benefit retirement benefits.

{¶ 10} Other courts take a less restrictive approach and hold that a trial court may consider such benefits as one factor in the overall scheme when making a property division. See, e.g., In re Marriage of Brane

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Moon v. Moon
2024 Ohio 2428 (Ohio Court of Appeals, 2024)
Devito v. Devito
2024 Ohio 2234 (Ohio Court of Appeals, 2024)
Jackson v. Jackson
2024 Ohio 1755 (Ohio Court of Appeals, 2024)
Halton v. Halton
2024 Ohio 1165 (Ohio Court of Appeals, 2024)
Yarosz v. Montgomery
2024 Ohio 652 (Ohio Court of Appeals, 2024)
Kerkay v. Kerkay
2023 Ohio 1479 (Ohio Court of Appeals, 2023)
Buskirk v. Buskirk
2023 Ohio 70 (Ohio Court of Appeals, 2023)
Anderson v. Anderson
2020 Ohio 4415 (Ohio Court of Appeals, 2020)
Salameh v. Salameh
2019 Ohio 5390 (Ohio Court of Appeals, 2019)
Chahdi v. Elhassan
2019 Ohio 4472 (Ohio Court of Appeals, 2019)
J.R. v. K.R.
2019 Ohio 1765 (Ohio Court of Appeals, 2019)
Milatovich v. Milatovich
2018 Ohio 4151 (Ohio Court of Appeals, 2018)
Vanderink v. Vanderink
2018 Ohio 3328 (Ohio Court of Appeals, 2018)
Tate v. Tate
2018 Ohio 1244 (Ohio Court of Appeals, 2018)
Irvin v. Eichenberger
2017 Ohio 5601 (Ohio Court of Appeals, 2017)
Zeidman v. Zeidman
2016 Ohio 4767 (Ohio Court of Appeals, 2016)
Skerness v. Skerness
2015 Ohio 3467 (Ohio Court of Appeals, 2015)
Bouillon v. Bouillon
2015 Ohio 2886 (Ohio Court of Appeals, 2015)
Shoenfelt v. Shoenfelt
2015 Ohio 225 (Ohio Court of Appeals, 2015)
Hutchison v. Hutchison
2014 Ohio 5471 (Ohio Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
99 Ohio St. 3d 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neville-v-neville-ohio-2003.