Perhaps They Could be Divided 50%-50%

December 12, 2009 | Blog, Court Decisions, Divorce, Family Law News, Marital Property

Icon for author Brian Vertz Brian Vertz

The Supreme Court of North Dakota has been asked to decide whether breast implants should be identified as marital property and valued for divorce purposes. Clearly, the owner’s husband is the advocate of this novel argument. His lawyer argued that the expense should be included in instances when a medical expense is “clearly cosmetic, elective, (and) non-necessary.” Insurance companies often make those judgments in deciding what to cover, she said.

The trial judge reported to news sources that he considered the argument to be frivolous. “I can’t imagine people would actually waste time thinking that breast implants are marital assets. It just defies common sense,” the judge stated. “I don’t know how you would expect me to award breast implants, if you want me to have them cut out and given to Mr. Isaacson. It is absolutely nonsense.”

The implant owner’s husband valued the implants at $5,500. No word on whether they might depreciate over time.

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