QUESTION
Will my wife be entitled to any of my retirement since we’ve not already lived for 4 years?
Asked on Oct 02nd, 2013 on Divorce - California
More details to this question:
I live in California. I am 63. I have not lived with my spouse for 4 years. I am going to retire soon as a California state employee. Will she be eligible to take any of my social security? Really the only two concerns of mine. Will I have to pay support?
4 ANSWERS
4 Awards
Your wife is not entitled to your social security. In addition, you were not married for at least ten years and so she is not eligible to collect deriative social security benefits either. Your wife will have a right to half of your retirement contributitions during the marriage and also a portion of any pensions that you may collect from CALpers. You may have have to pay spousal support depending on both of your financial circumstances and other factors stated in California Family Code section 4320.
Answered on Oct 10th, 2013 at 11:51 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You will probably owe her spousal support. She is entitled to half of your retirement that was earned during the marriage. Your social security is your own.
Answered on Oct 03rd, 2013 at 1:19 PM
How much of your retirement your spouse is entitled to depends upon the amount of retirement you accumulated while you were married and living together.
Answered on Oct 03rd, 2013 at 11:40 AM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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While your wife is entitled to half of any private retirement benefits you earned during the marriage from date of marriage to date of separation; thus the last 4 years would not count), social security is different. The only thing she is entitled to is the option, if married to you for more than 10 years, to take the greater of her own benefits or an amount equal to half of yours; neither option would affect your own benefits, which would stay the same. Spousal support is a complicated issue involving dozens of different factors, but the primary one is your respective incomes and needs.
Answered on Oct 03rd, 2013 at 11:03 AM