Social Security Benefits in Divorce
|OnDemand Webinar||$199||Add to Cart|
Understand how social security or disability income is factored into a divorce case.All family law practitioners will at one time address Social Security benefits (retirement, disability, death) in a divorce or post-judgment petition. The need to understand how these benefits may be obtained, and how they affect property division, alimony, and child support is paramount, especially as gray divorces become more prevalent.
AuthorsLaura Morgan, Family Law Consulting Brett Turner, National Legal Research Group, Inc.
Overview: What Are Social Security Benefits and Who May Obtain Them?
The Non-Divisibility of Social Security Benefits as Property in Divorce - Flemming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367 (1960)
Consideration of Receipt of Social Security Benefits as a Factor in Dividing Other Marital Assets, Majority and Minority Rules - Howell v. Howell, 137 S. Ct. 1400 (2017)
Social Security Benefits as Income Factor in Dividing Other Marital Assets
Collecting Social Security Benefits for Divorced Spouses on Ex-Spouse's Record - 20 CFR § 404.331 (Derivative Benefits): Who Is Entitled to Wife's or Husband's Benefits as a Divorced Spouse
Social Security Benefits as Income for Alimony, Both Drawn and Not yet Drawn - Holder v. Lopez, 274 So.3d 518 (Fla. 1st DCA 2019)
Modification of Alimony Due to Retirement and Receipt of Social Security Benefits
Social Security Benefits as Income for Child Support
• Received by Parent on Own Account
• Received by Child on Child's Own Account
• Received by Child on Account of Custodial Parent
• Received by Child on Account of Non-Custodial Parent; Figuring the Credits
Garnishment of Social Security Benefits - 42 U.S.C. § 659