In a recent family law case, the Florida First District Court of Appeal ruled that a court cannot equitably distribute a spouse’s social security benefit as a marital asset. The court cannot even value the benefit and consider it as a marital asset to “indirectly” divide it by awarding the other spouse other assets to offset it. The First District Court held that actual Social Security Benefits are not subject to equitable distribution pursuant to 42 U.S.C. section 407(a).
For questions regarding family law issues contact Hardesty, Tyde, Green and Ashton.