It seems to imply that all social security benefits, "paid and payable", are non-marital. Because, if they were marital, they would be subject to division by the court. But 407(a) makes it clear they aren't.
But, when I ask Kentucky lawyers, on Avvo and elsewhere, if social security benefits are marital, they usually say they usually are.
Is it because most Kentucky lawyers don't consider 407(a) to be applicable to Kentucky divorce cases? Or because they interpret it differently? Because it's hard to read and easy to confuse?
Only about 1 out of 10 of Kentucky divorce lawyers seems to hold the position that all past and future social security benefits are non-marital. Are they the ones who know what they're talking about? Or are they the ones who don't?
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