Are Social Security benefits considered marital assets subject to division?

No, they are not. Social Security benefits are their own kind of stream of income that you receive from the government, and it cannot be divided in a divorce as an asset. It may come into play when you’re talking about support. If one person’s Social Security is higher than the other person’s, you might be able to say, I need some extra money, some spousal support, but it cannot be divided as an asset of the marriage.

Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit www.oregondivorceattorney.com.