Divorce and Social Security Benefits
Under California law, Social Security benefits are treated differently from other marital assets during a divorce. While California is a community property state—meaning that most assets acquired during the marriage are considered jointly owned—federal law governs Social Security benefits. As a result, Social Security income is not subject to division as community property in a divorce. However, that doesn’t mean these benefits are irrelevant in divorce proceedings.
This article will explore how Social Security benefits are treated during divorce under California law, including when a former spouse may be eligible to claim benefits based on their ex-spouse’s earnings record. It will also discuss how Social Security income can impact spousal support and child support calculations, as well as address common misconceptions about entitlement and benefit eligibility after divorce. Understanding these rules is essential for protecting your financial interests and planning for long-term stability during and after divorce proceedings.
When Can a Spouse Receive Social Security Benefits After a Divorce in California?
A divorced spouse may be eligible to receive Social Security benefits based on their ex-spouse’s work record under specific federal guidelines, which apply uniformly across all states, including California.
To qualify, the following conditions must generally be met:
- The marriage must have lasted at least 10 years.
- The divorced spouse must be at least 62 years old.
- The divorced spouse must be unmarried.
- The benefits the divorced spouse is entitled to based on their own work history must be less than what they would receive based on their former spouse’s record.
- The former spouse must be entitled to receive Social Security retirement or disability benefits.
Importantly, the ex-spouse does not need to be actively receiving benefits for the other party to qualify, as long as they are eligible and the divorce occurred at least two years prior. Claiming benefits on an ex-spouse’s record does not impact the benefits the ex-spouse or their current spouse may receive.
How Social Security Income Can Impact Spousal and Child Support Calculations
While Social Security benefits themselves are not divided as marital property in a California divorce, they can play a significant role in calculating financial support obligations. Courts consider all sources of income when determining both spousal support (alimony) and child support, and this includes Social Security retirement benefits and disability benefits. If a party is receiving Social Security income, that amount may be factored into their total income to assess their ability to pay or need for support.
For example, if a paying spouse receives Social Security retirement benefits, those payments can be included in their income when calculating how much spousal or child support they owe. Conversely, if a recipient spouse or custodial parent receives Social Security benefits, those benefits may reduce the amount of support they are entitled to receive.
In cases involving Social Security Disability Insurance (SSDI), any dependent benefits paid directly to a child may also count toward the paying parent’s child support obligation. Because these calculations can be complex, especially when multiple income sources are involved, it’s essential to work with an attorney familiar with California family law and federal benefit rules.
Common Misconceptions About Social Security and Divorce
There are several misconceptions about how Social Security benefits are handled in a divorce, which can lead to confusion or missed opportunities. One widespread myth is that an ex-spouse needs permission or cooperation from their former partner to claim benefits based on that partner’s work history. In reality, the claiming spouse does not need to notify or involve their ex at all, and their benefits do not impact what the former spouse—or their new spouse—receives.
Another common misunderstanding is that remarrying permanently disqualifies a person from collecting Social Security benefits based on an ex-spouse’s record. While it’s true that remarriage generally prevents eligibility, if the subsequent marriage ends—whether by divorce, annulment, or death—the individual may again qualify for benefits based on their earlier marriage.
Additionally, some people mistakenly believe that Social Security benefits are automatically included in divorce settlements, which they are not, since they are governed by federal law. Understanding these nuances is essential to making informed decisions and avoiding costly mistakes during the divorce process.
Navigating Divorce and Social Security with Confidence
Divorce is already a complex and emotionally challenging process, and the role of Social Security benefits can add an additional layer of confusion. Although these benefits are not considered community property under California law, they still have significant implications for financial planning, support calculations, and long-term economic security after a divorce.
Individuals can make more informed decisions that protect their interests by understanding when and how a divorced spouse may be entitled to Social Security benefits. Because the intersection of federal benefits and California family law can be nuanced, consulting with a knowledgeable family law attorney is the best way to ensure you fully understand your rights and options.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586