Legal Question in Family Law in California

Can a Prenuptial Agreement protect my Social Security benefits?


Asked on 9/24/09, 3:59 pm

2 Answers from Attorneys

James Chau Law Offices James Chau

Social security is typically not affected during a divorce, as Social security is a federal benefit and federal law would supersede california law.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 9/24/09, 11:55 pm

Mr. Chau is right that Social Security is not like a defined benefit pension or other retirment funds that would be subject to a QDRO in case of divorce. The benefits after divorce rule also only applies after ten years of marriage. However, social security may impact income for support and other issues. So best to address them in a prenup.

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Answered on 9/25/09, 2:07 am


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