Thursday, May 04, 2006

Disability Retirement Benefits Awarded During Marriage Are Marital Property

In a unanimous opinion, the Court of Appeals ruled today in Conteh v. Conteh that service-connected disability retirement benefits constitute marital property.

Certain employees qualify for "service-connected disability retirement benefits" if they suffer a work-related injury that renders them disabled. Not suprisingly, "service-connected" disability retirement is more generous than "accidental" or normal disability retirement.

Because "service-connected" disability retirement benefits awarded during a marriage constitute marital property, the Court can award a portion of those benefits to a divorcing spouse.

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