Social Security Benefits
IOWA: In re Marriage of Crosby, 699 N.W.2d 255 (Iowa 2005)
The trial court erred by awarding the wife 50% of the marital share of the husband's CSRS retirement benefits. The award was reduced to 25%, because the wife was younger and healthier, and because she was eligible for Social Security from her employment as a nurse, while the husband as a CSRS member was not so eligible. The trial court erred in directing that a monetary award for the division of nonretirement assets and an attorney's fees award be payable from the husband's defined contribution retirement plan. On the facts presented, the wife had no claim to any disability benefits which became payable to the husband after the divorce. The trial court properly subtracted from the husband's share of the proceeds from the sale of the marital home certain expenses incurred because of the husband's wrongful failure to pay the mortgage, and because of his waste of the premises.
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