Is Social Security Disability (OASDI) a community property of the spouses?

California, United States of America


The following excerpt is from Marriage of Hillerman, In re, 151 Cal.Rptr. 764, 88 Cal.App.3d 372 (Cal. App. 1979):

Tyna asserts that consistent with a line of decisions in In re Marriage of Fithian, 10 Cal.3d 592, 111 Cal.Rptr. 369, 517 P.2d 449; Smith v. Lewis, 13 Cal.3d 349, 118 Cal.Rptr. 621, 530 P.2d 589; In re Marriage of Brown, 15 Cal.3d 838, 126 Cal.Rptr. 633, 544 P.2d 561; and In re Marriage of Hisquierdo, 19 Cal.3d 613, 139 Cal.Rptr. 590, 566 P.2d 224, OASDI benefits under the Social Security Act should be treated in the manner of other retirement benefits and be held to be the community property of the spouses to the extent such benefits relate to the period of the worker's covered employment during marriage.

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