How are Social Security Benefits handled in the divorce process?

According to federal statute, social security benefits are not typically included in the division of assets at the time of divorce. This is due to the very nature of social security. When social security benefits become payable, the social security administration will give divorced spouses credit for each others social security benefits. Such calculations are built into the process of calculating an individual’s social security benefit. If credit is given at the time of the divorce for a difference in social security benefits, and then again at the time social security is payable, division of these benefits will be made twice.