Family Law Case Summary – Marriage of Peterson

On behalf of Furr & Cohen, P.A. posted in News on Friday, May 6, 2016.

When one spouse contributes to Social Security, which according to federal law is a spouse’s separate property, and the other spouse participates in a state or local pension plan in lieu of Social Security, which according to state law is community property, a state court may not consider the the Social Security benefits when dividing the parties’ retirement benefits, but the county benefits must be divided equally between the parties.