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.
Answer
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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