Are Social Security Benefits factored into divorce negotiations?
According to federal statute, social security benefits are not typically included in the division of assets at the time of divorce. This is due to the very nature of social security, as being paid to individuals, rather than couples themselves. The administration does factor in the presence of dependents and spouses in these figures, however, according to federal legal statutes; these numbers should not be included in any form of division of assets or earnings. They may, however, be considered during child support arrangements at times. Such calculations are built into the process of calculating an individual’s social security benefit. If credit is given at the time of the divorce for a difference in social security benefits, and then again at the time social security is payable, division of these benefits will be made twice. If you are in need of legal assistance, consult with an attorney in your area to receive a free case review.