Social Security Benefits Division in California Divorce Cases
A spouse's right to future Social Security benefit payments is not transferable or assignable. Congress has expressly exempted Social Security from state community property laws. 42 U.S.C. § 659.
Consequently, a spouse’s Social Security benefits are his or her separate property and are not subject to equitable distribution. This means a Family Law Court in California, can not divide social security benefits as they belong 100% to the spouse receiving social security.
In re Marriage of Peterson (2016) 243 Cal. App. 4th 923; In re Marriage of Hillerman (1980) 109 Cal. App. 3d 334, 341; In re Marriage of Cohen (1980) 105 Cal. App. 3d 836; In re Marriage of Kelley (1976) 64 Cal. App. 3d 82, 96.
