How are my Social Security retirement benefits treated in the division of assets during a California divorce proceeding?

Under California law, your Social Security retirement benefits are treated as your separate property and are not divided in a divorce. Federal law prevents state courts from dividing these benefits as community property. Here are the steps to take regarding your benefits during a divorce proceeding: Step 1: Obtain Your Social Security Statement Go to the official Social Security Administration website (ssa.gov) and create an account to view and print your most recent statement. This document shows your earnings history and provides an estimate of your future retirement benefits. You will need this for your own financial planning. Step 2: Identify and List All Community Retirement Assets Create a comprehensive list of all other retirement assets acquired during the marriage. This includes 401(k)s, private pensions, IRAs, and military retirement plans. Unlike Social Security, the portion of these plans earned during the marriage is community property and must be divided. Step 3: Complete Your Financial Disclosures As part of the divorce, you must complete and serve a set of financial disclosures, including a Schedule of Assets and Debts (Form FL-142). You must list all community property retirement accounts, but you do not list your Social Security benefits as an asset to be divided. Step 4: Keep Social Security Out of Division Negotiations When you and your spouse negotiate the division of assets, your Social Security benefits are not part of the equation. A judge cannot award your spouse a portion of your benefits or give them a larger share of the community property to offset the value of your Social Security. Step 5: Understand Spousal Derivative Benefits If you were married for 10 years or more, your ex-spouse (if they are 62 or older and unmarried) may be able to claim a divorced-spouse benefit based on your work record. This claim is filed directly with the Social Security Administration and does not reduce your benefit amount in any way. Important details and nuances: While a court cannot divide your Social Security benefits as property, it can consider the income you are expected to receive from Social Security when calculating spousal support (alimony). The court will look at your overall financial circumstances, including this future income stream, to determine if support is needed and for how much. Warnings and limitations: This special protection applies only to Social Security benefits. Do not assume it covers other retirement plans like CalPERS, CalSTRS, or private pensions. The community property portion of those plans is subject to equal division under California law. This is general information and does not constitute legal advice. For complex situations, especially those involving multiple retirement accounts or spousal support issues, consult with a qualified California attorney.