A spouse’s social security benefits are not subject to equitable division in a divorce in Georgia. However, a spouse’s social security benefits may be considered in awarding alimony to the other spouse. Lanier v. Lanier, 278 Ga. 881 (2005).
Although social security benefits are not divided in a divorce in Georgia, a divorced spouse may be able to file an application to receive social security benefits on his or her former spouse’s record if:
- The marriage was for at least 10 years immediately before the effective date of the divorce;
- The divorced spouse is not married;
- The divorced spouse is 62 years old or older;
- The divorced spouse is not entitled to the social security benefits or is entitled to such benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of the former spouse; and
- The former spouse is entitled to social security benefits.
Retirement plans like 401(k) are subject to equitable division in a divorce in Georgia.
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