Banning, CA asked in Family Law, Divorce and Social Security for California

Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Shingletown, CA
  • Licensed in California

A: Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security benefits you will get a set amount determined by a number of factors. No matter how much you are eligible to draw it does not come off of his benefits; they will not be diminished in any way. You will get your own separate benefit.

You should contact the Social Security Administration and they can walk you through the procedures and rules and tell you how much you are eligible to receive.

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