Legal Question in Family Law in California

If my wife and I are both retired (she is 63 and I am 73 ) can she divorse me and receive money that I receive for social security benefits? My understanding is that she can only get half of my benefits from SSA and that will not affect the money that I receive. Is that true?

Please note that we have been married for 23 years, but have been living separately (not legally separated) for a year and a half. Also, she moved to her home country in Romania about 6 months ago and is paying $120 a month for rent.


Asked on 5/19/14, 11:11 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Generally social security benefits are treated as the separate property income of the spouse who receives it. The Social Security Act is a federal law that preempts community property law with respect to social security benefits, and it provides for separate benefits for divorced spouses.

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Answered on 5/20/14, 7:58 am


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