Friday, August 25, 2006

Case Law Development: Division of Tribal Income

American Indians who enjoy sizable monthly payments from their tribe's casino profits may have to split the cash in a divorce — even when the former spouse isn't a tribal member, the Minnesota Court of Appeals has ruled. In a decision that may be a first in the nation, the court decided the $84,000 a Prior Lake woman received each month as a Shakopee Mdewakanton Sioux Community member is income, not a gift or an inheritance.  Since the money is income, "any such payments received during the tribal member's marriage are marital property subject to division upon dissolution," the court concluded.

Read the news report from the St. Paul Pioneer
Zander v. Zander (August 22, 2006)
Opinion on the web (last visited August 25, 2006)

http://lawprofessors.typepad.com/family_law/2006/08/case_law_develo_22.html

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Comments

What about tribal income in bankruptcy? Can the trustee take the future income?

Posted by: teacher | Sep 28, 2010 7:36:56 PM

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