Thursday, December 18, 2008
SPECIAL TO THE VINDICATOR
COLUMBUS — Individuals’ Social Security benefits would be protected during divorce proceedings, under legislation finalized by state lawmakers Wednesday.
Amended House Bill 395, sponsored by Columbus Republican Rep. Jim Hughes, was approved by the state Senate on Tuesday, and the Ohio House concurred Wednesday. It next heads to Gov. Ted Strickland for his consideration.
Under current law, courts must determine what constitutes marital property and separate property, then divide the two equitably between the spouses, according to an analysis by the state’s Legislative Service Commission.
It added, “The court has jurisdiction over all property in which one or both spouses have an interest.”
Hughes’ bill would exclude Social Security benefits from the court’s jurisdiction, meaning those benefits could not be divided or awarded to the other spouse, according to the analysis.
The legislation is needed to harmonize Ohio law with federal law, after a Supreme Court decision several years ago that determined Social Security benefits could be considered during divorce proceedings under state law, said Sen. David Goodman, a Republican from the Columbus area, who presented the bill on the floor.