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Michigan Law - Can Social Security Be Divided? Social Security is considered a marital asset in Michigan. That means that the court may consider its value in dividing the assets of the parties. Cases: Evans, 98 Mich App 328 (In this case, the judge awarded the wife a one-half interest in the husband's worker's compensation and retroactive social security benefits. Both the social security award of $8,000 and the worker's compensation award of $5,000, were redeemed after the filing but before the granting of the divorce. The court justified the decision because both worker's compensation and social security are intended to benefit both the husband and his dependents. The benefits were also obtained during the marriage, and their distribution did not represent the division of a future, possible benefit but an existing bank account.)
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