Robb, C.J.
Case Summary and Issues
John Luttrell appeals the trial court’s awards and division of property following his divorce from Melinda Luttrell. John presents three restated issues on appeal: 1) whether the trial court properly divided the marital estate; 2) whether the trial court abused its discretion in awarding spousal maintenance to Melinda; and 3) whether the trial court abused its discretion in its award of attorney’s fees. Concluding that the trial court abused its discretion only in regards to consideration of the Luttrell’s children’s student loans, we affirm in part and remand in part.
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B. Exclusion of Melinda’s Lump Sum SSDI Payment
John first argues that the trial court improperly excluded Melinda’s lump sum SSDI payment from the marital pot…..
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Consequently, it appears that the restrictions found in section 407 apply to the lump sum payment that Melinda received. We therefore agree with Melinda that the broad statement by our supreme court that “any assignment or division of social security benefits to satisfy a marital property settlement under Indiana law is barred by 42 U.S.C. § 407,” is not limited to a future income stream as at issue in that case, but also applies to the lump sum payment that Melinda received. [Footnote omitted.] Severs, 837 N.E.2d at 501. The trial court thus properly excluded the payment from the pot of divisible property. This is so even though the payment was retroactive, even though a large portion of it covered a period of time during the marriage, and even though the money would have been available for both John and Melinda’s use had it been received as payments beginning in 2008—when her disability began and when they were living as a married couple—rather than as a lump sum payment following their separation.
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Conclusion
Concluding that the trial court properly excluded Melinda’s lump sum SSDI payment, improperly excluded from consideration the Luttrells’ liability on their children’s student loans, otherwise properly divided the estate, and properly awarded maintenance and attorney’s fees, we affirm in part and remand for proceedings consistent with this opinion.
Affirmed in part and remanded.
RILEY, J., and KIRSCH, J., concur.