Are Social Security Benefits Subject To Distribution?

New Jersey divorce lawyerQuestion:

I have started collecting social security benefits shortly before we are about to begin divorce proceedings.

Is my wife entitled to half, or any portion, of my monthly social security benefits or would it be considered separate property ineligible for property division?


Since I am only licensed to practice law in New Jersey, I can only provide you with general divorce help for men to your social security benefits questions.

The amount of social security received by a former or a current spouse is not something that is divided or decided as part of a divorce decree. Social Security Benefits are regulated by the federal government and these regulations cannot be modified.

Under federal law, Social Security benefits are not considered marital assets and therefore are not subject to distribution in divorce proceedings.

Financial Advice On Divorce:

Social Security Offset

I would recommend you review the following Social Security Administration website or contact your local Social Security Office for answers to your questions regarding your Social Security Benefits.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including New Jersey Divorce Lawyer Michelle L. Ferreri, please contact Cordell & Cordell.

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