My husband may have recieved a lump sum payment of social security benefits. Am I entitled to half of that ?
1 Answer from Attorneys
You didn't say whether you are still married. Social Security benefits are community property as far as I can tell. They can be attached or garnished for alimony or child support. If you are divorced and have a marital settlement agreement that distributed your community assets it should have specified the distribution of the lump sum, if it did not you may be able to petition the court for a distribution of the part that was due at the time of the divorce. That could be expensive so it may not be worth it to you, but you may be able to use the threat of litigation to negotiate a settlement with the old man. Much depends on the wording of your marital settlement agreement, so look at it carefully and show it to an attorney for advice.