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. 

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