[Download] "Crocker v. Crocker" by South Carolina Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Crocker v. Crocker
- Author : South Carolina Supreme Court
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1 The issues presented are: 1) whether a lump sum workers compensation payment is considered to be joint property for the purpose of marital property division; 2) whether social security disability payments are joint property acquired during coverture; and 3) whether the accrued equity in the couples home could be divided between the parties after the home had been awarded to the husband in the couples prior divorce. We find that: 1) A workers compensation award is marital property only to the extent to which it reimburses the couple for loss of income during the marriage. To the extent that it compensates for loss of post-divorce earnings by the injured party, it is separate property, even if the compensable injury occurred during the marriage. 2) A lump-sum payment from the Social Security Administration for accumulated disability benefits is not marital property subject to equitable division. 3) Because the couples residence had been awarded to the husband in their previous divorce, and because neither party sought to change its ownership status after their remarriage, the trial court erred in awarding the wife one-half of the equity in the house.