Monday, January 26, 2015
Retirement Case of Interest
There is currently a case on appeal of interest for those who deal with retirement issues in divorce in Mississippi. The case is Darby v. Darby located here. The case deals with the anti-assignment clause under Mississippi Code Annotated 25-14-5. The trial court found that a divorce does not run afoul of the anti-assignment clause for constitutional reasons and also due to other code sections. This could be extremely helpful in resolving a number of divorce cases because I can tell you from practical experience the anti-assignment statute creates a number of issues in property division.