CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Federal Benefits
.........Social Security Benefits
............Characterization
 5 Cards On This Topic:
  • Because H's SS is s/p under federal law and W's county retirement benefits are a community asset under CA law, trial court correctly held it had to divide only W's benefits equally.
  • Social Security benefits are s/p.
  • Social Security is not subject to division and cannot be recognized by alternative provisions employing a set-off to nonemployee spouse.
  • Social Security is s/p; to hold c/p would seriously interfere with express statutory scheme of Social Security Act.
  • Social Security benefits are s/p.


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