In a divorce, is my husband entitled to any of mine or our ddaughter’s Social Security disability income?

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In a divorce, is my husband entitled to any of mine or our ddaughter’s Social Security disability income?

I am totally disabled. We have been married for 22 years. I receive Social Security for me and for my daughter in addition to monies from an insurance policy that I had from my employer. Can my husband take any of that away from me?

Asked on November 12, 2010 under Family Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a question for your local attorney but I can tell you that generally speaking, Social Security Benefits are non-assignable and not transferable under Federal Law. They are also not subject to legal process (so if you have a judgement the judgement creditor can not come after them for payment).  But how a state deals with the Federal issue depends on if the state classifies it as marital property or separate property from the get go. Disability benefits have long been held to be separate property but can become marital property in certain circumstances (deposited in to joint accounts, etc.).  Your daughter's benefits, however, are hers and not a part of the property distribution between you and your husband  As for your insurance policy, an attorney needs to rview it to let you know.  Good luck.


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