Friday, December 11, 2009
The North Dakota Supreme Court heard a case last week questioning whether a wife's breast implants and surgical eye improvements (through Lasik) are marital assets to be divided on divorce.
"Do we have any lines to be drawn? Is dental work a marital asset? Is a hip replacement a marital asset?" Justice Daniel Crothers asked attorney Christina Sambor during Supreme Court arguments on Thursday.
Sambor represents Erik Isaacson, of Mandan, who is appealing South Central District Judge Robert Wefald's decision to exclude the value of his former wife Traci's breast implants and Lasik vision improvement surgery from a list of their assets and debts. Sambor said 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.
I think the district judge's comments about the issue are great:
"I can't imagine people would actually waste time thinking that breast implants are marital assets. It just defies common sense. 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."
Read the news report here.