Legal Question in Family Law in Georgia

Social Secdurity and Marital Distribution.

I am 68 and receive Social Security payments monthly (and also work 40 hrs/wk). My wife is 60 and does not receive SS yet (nor work full time - only $3,000/yr PT/PT). If we got a divorce after 38 years of marrage (kids grown), both healthy and able to work and she with a sizeable inheritance on the horizon, would my Social Security be ''equitably distributed'' with my wife?


Asked on 11/15/04, 11:54 am

1 Answer from Attorneys
Joyce Glucksman Joyce F. Glucksman, P.C.

Re: Social Secdurity and Marital Distribution.

Generally, Social Security because it is income not an asset is not subject to equitable division however it may be considered if she wants alimony. She may be able to receive Social Security based on your income rather than her own but I don't think that affects the amount you get. Since I am not that familiar with Social Security I would advise you to contact the local Social Security Office to determine how it would be handled.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied. Joyce F. Glucksman, P.C., Park Central, Suite 950, 2970 Clairmont Road Atlanta, Georgia. 30329 404-633-5579 (voice) 404-636-8711 (facsimile)

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Answered on 11/18/04, 10:08 am


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