A Georgia spouse paying alimony gets no automatic credit when the former spouse starts drawing Social Security on the payer’s work record, but the payer’s own benefits can count as income, depending on the words of the decree.
No Automatic Set-Off
In Bell v. Bell, 257 Ga. 172 (1987), five years after the divorce the former wife “began receiving Social Security old age insurance benefits based on her former husband’s work record,” and the husband cut his $800 monthly alimony by the amount of her check. The Georgia Supreme Court affirmed his contempt: “A divorced wife is entitled, pursuant to 42 USCA 402 (b) (1), to insurance benefits if she fulfills the requirements set forth in 42 USCA 402. Thus, under federal law the insurance benefits belong to the appellee.” A payer who believes the benefits should change the award must petition under OCGA 19-6-19, which our alimony modification posts cover, rather than reduce payments on his own.
The Payer’s Benefits as Income
The decree in Bell shows how benefits come in on the other side. On the husband’s retirement his alimony became half of his “total income,” defined as “income from whatever source derived, including but not limited to Social Security payments to him, retirement or pension plans, annuities, dividends, interest, salary from part-time employment, and other sources of income.”
Compare Guntin v. Guntin, 263 Ga. 241 (1993), where alimony was tied to the husband’s “salary”: his retirement benefits counted, but “social security benefits … though a part of total income, do not constitute salary.” So whether a former spouse’s Social Security counts turns on how the decree describes the income base.
Child Support Is Different
Benefits paid to a child on the obligor’s account are credited against child support under OCGA 19-6-15(f)(3), as our child support posts explain. Whether Social Security itself can be divided as marital property is a separate question with its own post.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!