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South Carolina Family Law Blog Information and Insight On Family Law Issues In South Carolina

Social Security Benefits Not Subject to Division

Posted in Assets and Debts, Financial Issues

The South Carolina Court of Appeals recently addressed the novel issue of whether the Family Court may divide Social Security benefits in a property distribution. In Simmons v. Simmons, the Court found that pursuant to 42 U.S.C. ? 407(b), Social Security benefits cannot be divided in an equitable division award whether by agreement or otherwise. The full text of this opinion is available here.