by Michael F. Callahan

In Pleasant v Pleasant Maryland’s Court of Special Appeals (CSA) held that social security benefits cannot be treated as marital property and it affirmed the trial court’s decision taking no account of them.

But the court’s opinion includes this footnote 3 that seems contrary to the court’s decision:

“In an appropriate case, of course, it may be that a court could consider the fact that a party is receiving, or will receive, social security benefits, as ‘any other factor’ in determining whether to make a monetary award.”

Maryland’s divorce law provides that the judge must consider certain factors in distributing property, the last of which is any other factor the court considers appropriate.