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New York Law - Can Social Security Be Divided? Social Security of one party may not be directly assigned to another party. However, the amount of social security a party is receiving, or will be receiving, may influence the amount of alimony the court awards or the property division the court makes. It is worth mentioning that in marriages that have lasted ten years or more, the divorced spouse is entitled to receive 50% of the former spouse's benefit. This is in addition to, not in place of, the former spouse's own benefit. The former spouse continues to receive his or her own benefit in the full amount. Once a Social Security payment has been received, it may be distributed. Cases: Majauskas (1984) 474 NYS2d 699 (vested rights in a pension plan are marital property to the extent that the rights result from employment time after the marriage and to the date of filing of the divorce action.)
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