Derivative Benefits

Benefits one spouse may receive through other spouse, such as Social Security and pension. Not all derivative benefits get divided in a divorce. State courts, for example, have no authority over Social Security payments; those are covered entirely by federal law. A state court’s authority over certain federal retirement benefits might be curtailed or wholly witheld by federal law. For example, in cases of military retirement, state courts can divide military retirement pay but have no authority to order a division of military disability benefits, even though the award of such benefits reduce the retirement benefit accordingly.