QUESTION
Does this mean, I cannot apply for his social security when age appropiate since we divorced. Married over ten years....
Asked on Mar 09th, 2012 on Social Security - California
More details to this question:
25. The parties shall retain their respective Social
Security rights as their respective separate property. Under
present law, one party may have derivative rights to direct
payments from the Social Security System from employment by the
other party during the marriage and any such payments made directly
to a party shall constitute the sole and separate property of such
recipient.
26. A.
1 ANSWER
It appears you have provided a paragraph from a divorce
Decree, Settlement or Order. I note you
are from California, a community property law state - click
here for an excellent article regarding community property. It is not clear, but it appears you are
referring to Social Security Disability benefits.
Because I do not practice family law and I am not licensed
in a community property state, I cannot render an opinion. Rather, I offer these suggestions:
1.
Contact your divorce attorney that handled the
case, and get an opinion; or seek an opinion from another attorney.
2.
Post your question online in the Divorce area.
3.
Contact SSA. They may be able to give you some insight,
but remember, they aren't lawyers, and you don't want to violate a Court Order.
Community property is a very unique type of law, and you
want to get a clear opinion from a professional on this one. Thanks for a great question, and good luck.
Answered on Apr 07th, 2012 at 12:16 PM