How Are Social Security Benefits Handled in a California Divorce?

Divorce often comes with many financial questions and concerns. Beyond the emotional difficulties, you may be unsure how to handle retirement income, especially Social Security benefits. If you’re in California, you might be wondering how these benefits fit into your settlement. The straightforward answer is that Social Security isn’t divided like other assets, but it still affects the overall financial picture of your divorce negotiations.

In this article, we’ll explain how Social Security interacts with California’s community property laws, how retirement accounts are usually divided, and how future Social Security income can influence decisions about spousal support.

Why Social Security Isn’t Split Like Other Assets

When you get divorced in California, most things you and your spouse earned or bought together during the marriage must be split equally. This is known as “community property.” However, Social Security is different. It’s controlled by federal law, which takes priority over state rules, so these benefits aren’t divided the same way that a house, bank account, or retirement fund might be. In other words, you can’t just cut your Social Security benefits in half and give each person a share.

Claiming Benefits Based on an Ex-Spouse’s Work History

Even though you can’t divide Social Security benefits like a bank account, federal rules do allow a divorced person to claim benefits based on their ex-spouse’s earnings record if:

The marriage lasted at least 10 years.
The person seeking benefits is at least 62 years old.
That person is unmarried (or their subsequent marriage has ended).
Their own Social Security benefit is less than what they would receive based on the ex-spouse’s record.

If these conditions are met, you can receive up to 50% of your ex-spouse’s benefit without affecting what they or their current spouse receives.

Understanding the Division of Other Retirement Assets

Retirement Accounts and Pensions

In California, most things you earn or acquire together during your marriage are considered “community property,” and the law generally wants both spouses to share them equally. This includes certain retirement assets like pensions, 401(k)s, and IRAs. While Social Security is handled by federal rules and isn’t split up in the same way, these other retirement accounts fall under California’s community property laws. If one spouse earned a pension or built up a 401(k) during the marriage, the court often requires that the value of this retirement money be divided fairly between both ex-spouses. To make this division official, attorneys often prepare a special court order, called a Qualified Domestic Relations Order (QDRO), which tells the retirement plan how to distribute the funds to each person.

Leveraging Social Security Expectations in Negotiations

Even though you can’t divide Social Security benefits directly, the fact that one spouse may have a larger Social Security check in retirement can affect how you divide the other retirement savings. For example, if one spouse expects to receive a lot more from Social Security than the other, the spouse with the lower expected Social Security may ask for more of the shared pension, 401(k), or IRA funds to make the overall split fair. In other words, while Social Security itself doesn’t get split, it can still shape how both of you negotiate a balanced agreement that helps ensure both parties can be financially stable after the divorce.

How Social Security Affects Spousal Support Decisions

When couples in California get divorced, the court often looks at whether one spouse should pay the other something called “spousal support” (also known as alimony). California law lays out several factors the court must consider. These include things like:

How long you were married.
How much each spouse earns or could potentially earn.
Each spouse’s financial needs and what it would take for both to maintain a similar lifestyle to what they had during the marriage.

While Social Security benefits themselves aren’t split between spouses, the fact that one person will likely receive Social Security later can still matter. For example:

If one spouse expects a large Social Security check, the court might decide this spouse needs less financial support from their ex or might set up a long-term agreement accounting for the fact that this spouse will eventually have a steady income from Social Security.
If one spouse expects little or no Social Security income, the court might lean toward giving that spouse a bit more in spousal support, since they won’t have as much retirement income to rely on down the road.

In other words, even though you cannot “split” Social Security, the idea that one spouse will have more or less guaranteed income in the future can influence how much spousal support is awarded today.

Remarriage and Dependents

Remarriage and Your Right to Claim Benefits

If you get remarried, you generally lose the ability to collect Social Security benefits based on your ex-spouse’s work history, unless your new marriage also ends in divorce, or your new spouse passes away. However, if your ex-spouse gets married again, it doesn’t affect your right to claim benefits on their record as long as you’re still single and qualified.

Benefits for Children

If you have children, they may be able to receive their own Social Security benefits under certain conditions. While this doesn’t mean Social Security benefits are split differently, having these benefits can help ensure that your kids are financially supported after the divorce. Along with California’s child support rules, these benefits can provide extra security to meet the children’s needs.

Special Considerations for Temecula Residents

If you live in Temecula, the value of your home and the general cost of living can greatly influence how you divide your property and determine spousal support. Owning unique assets, such as a vineyard, a rental property, or other investments, can also be a factor. These types of property may help balance out differences in future Social Security income, allowing one spouse to receive more property in exchange for the other spouse's anticipated retirement benefits.

Because Temecula has its own real estate market trends and unique financial landscape, it’s often a good idea to work with a local attorney who understands these issues. They can offer advice tailored to your situation, ensuring that you make fair and informed decisions during your divorce.

Moving Forward

Navigating Social Security benefits during a California divorce can be tricky, but knowing the basics helps. While these benefits aren’t divided like other assets, they still influence how you split retirement savings and determine spousal support. Keeping this in mind can lead to a fair settlement that supports both of you in the long run.

If you need guidance, a family law attorney can explain your rights and help you create a solid financial plan post-divorce. For residents in Murrieta, Temecula, and throughout Riverside County, turning to the Law Office of Neda Aguirre, APC can make a meaningful difference. Led by Attorney Neda Aguirre, our firm prioritizes integrity, honesty, and ethics, earning us a reputation as a premier resource for local families in need.

To learn more, you can browse our client testimonials, fill out an online contact form, or call (951) 977-4904.