Social Security and Family Law

Image courtesy of sattva at FreeDigitalPhotos.netSocial Security is a Federal program governed by Federal law. Divorce and Child support are governed by State law. Federal law trumps State law. That’s the starting place for understanding how Social Security affects family law cases.

One concern that I commonly hear is whether the other spouse can “take away” their Social Security benefits. The short answer is no, because the Federal laws governing Social Security override the state laws dividing marital property.

However, to a person receiving Social Security, those funds are income and can be considered by the court in determining whether or not to award alimony, or how to divide up the other marital assets.