Is social security the joint property of husband and wife when divorced? How to divide it?

1, which belongs to the joint property of husband and wife, can be divided in divorce, usually equally.

2. The divorce social security of husband and wife belongs to common property. Social security is commonly known as five insurances, in which work-related injury insurance premium and maternity insurance premium are paid by the unit and do not belong to the common property of husband and wife. The other three insurance premiums are paid jointly by enterprises and individuals according to different payment ratios. If one or both spouses have not reached retirement age, they cannot be regarded as the joint property of husband and wife. However, the money actually paid to the social security account belongs to the joint property of husband and wife, and the court should support it when divorcing.

3. According to Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Code of People's Republic of China (PRC) (III)

At the time of divorce, one of the spouses has not retired and does not meet the conditions for receiving old-age insurance. If the other party requests to divide the old-age insurance according to the joint property of husband and wife, the people's court will not support it; After marriage, the joint property of husband and wife is used to pay the old-age insurance premium. The people's court shall support one party's claim that the part actually paid by the individual in the old-age insurance account during the marriage relationship is divided into marital property.