Is My Wife Entitled to 50% Of My Social Security Benefits In The Divorce?
So, to answer this question, let’s first talk a little bit about, the social security benefits.
This is a Federal program, that is governed by Federal Law, not by State Laws. So, individuals who become eligible to retire, are then entitled to receive financial benefits to supplement their incomes, or if they have been injured to get compensation for social security disability benefits.
Spouses are also entitled to get 50% of their spouse’s social security benefits. But, in order for the spouses to be able to get 50% of the benefits, the couple must have been married for at least 10 years, no sooner than 10 years, you will not be able to get any benefits, if it is one day less than 10 years, that is how strict the Federal Laws are in regards to benefits for spouses.
One thing that I want you to know is that, because the social security benefits are Federal, they are exempt from community property divisions when we are talking about a divorce. In Nevada, we are a community property state, and what that means is that any income that is obtained, or any debts that are obtained while married and going through a divorce will be subject to equal or equitable distribution, depending on the situation.
Social security benefits are exempt from that because they are governed by like I said, Federal Law, not by State Laws. However, the social security benefits will be used as earned income to that party, for purposes of calculating either child support, or spousal support, if applicable.
So just because they’re not able to be distributed equally under community property laws does not mean that they’re not going to be able to be used as income to allocate an amount for child support, or for spousal support.
I hope this has answered this question, and if you have questions, again, as I said about this topic, and want to discuss further, just go to vegasdivorcemeeting.com, I’ll be more than happy to sit down with you to discuss this further.
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