How Social Security & Pensions Factor into Property Division

Social Security benefits are governed by federal law and are not subject to division by state divorce courts. However, pensions and retirement benefits are divisible under Florida Statutes §61.075 if earned during the marriage.

A spouse may be eligible for Social Security benefits based on their ex-spouse’s work record if the marriage lasted 10 years or more. Though these benefits aren’t part of equitable distribution, they may impact the overall financial balance.

Defined benefit pensions, military pensions, and FRS (Florida Retirement System) accounts are typically divided using a Qualified Domestic Relations Order (QDRO), as addressed in *Boyett v. Boyett*, 703 So. 2d 451 (Fla. 1997), which clarified that only the marital portion of a pension is subject to division.

Tip: When negotiating property division, consider future income streams like pensions or government benefits—even if they aren’t immediately accessible.

For experienced guidance on dividing retirement assets, contact Rhoden Law Group at 321-549-3162 or submit a request through our website.

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