QUESTION
Is a spouse entitled to Social Security Benefits and Pension in the event of a divorce?
Asked on Sep 12th, 2011 on Child Custody - Oregon
More details to this question:
Is a spouse entitled to Social Security Benefits and Pension in the event of a divorce?
14 ANSWERS
Steven D. Dunnings
Maybe. How long did the marriage last?
Answered on Jun 25th, 2013 at 1:09 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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First depends on how long you have been married for prior to collecting the Social Security derivative benefit. The answer to the second question is "Yes" in accordance with the contributions made during the marriage.
Answered on Sep 16th, 2011 at 6:33 AM
Yes, as to pension division, and social security has their own formula for how they pay an x-spouse. If both are being paid out now, then it is a matter of maintenance amount to the other spouse when comparing those items to the other spouse's income.
Answered on Sep 14th, 2011 at 12:56 PM
Patricia C. Van Haren
Yes, in a divorce the spouse is entitled to 1/2 of the community interest in the pension. The spouse will also be entitled to a portion of the social security at the time that they apply for their benefits.
Answered on Sep 14th, 2011 at 12:43 PM
Family Law Attorney serving Woodland Hills, CA
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Law Office of Daniel B. Rubanowitz, APC
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In a dissolution of marriage case, a spouse is automatically entitled to Derivative Social Security Benefits if they are married for ten or more years and the other spouse paid into or is otherwise qualified for such benefits. Derivative Benefits do not impact the divorced spouses benefits. However, your question could also be interpreted differently, in that income derived from Social Security Benefits can be considered as income available to pay support. With regard to a Pension, generally the "community" would have an interest in funds contributed, earned and/or accumulated during marriage. However, you would likely need to have a QDRO (Qualified Domestic Relations Order) in order to protect your interests. Please note that these are two very complicated issues of divorce and you should consult with a Family Law Attorney.
Answered on Sep 13th, 2011 at 3:08 PM
Roianne Houlton Conner
If the spouse quailifies with the appropriate length of marriage then yes.
Answered on Sep 13th, 2011 at 2:30 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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At divorce, each spouse is generally entitled to one-half of all marital assets, including pensions. Social Security is not divisible in divorce. Rather, it is governed by Federal law. An ex-spouse is entitled to one-half of the other spouse's Social Security benefits if they were married for at least 10 years. This entitlement, however, is only if the spouse seeking this benefit is not entitled to a higher benefit based on their own record.
Answered on Sep 13th, 2011 at 11:19 AM
Short version: if married over ten years, Social Security is an entitlement. And pensions in Nevada law are presumptively equally divided. The question is highly fact specific; you need a consultation with qualified family law counsel.
Answered on Sep 13th, 2011 at 11:14 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Depends on length of marriage, if social security is currently in payment status.
Answered on Sep 13th, 2011 at 8:38 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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A spouse is entitled to a fair share of the marital property. Marital property is what is acquired during the marriage, except that social security benefits, being a federal program, are not marital property. Pensions, or the portion earned during the marriage, are marital property. There are no strict rules for what is "fair". If the parties cannot agree what is fair, a judge will decide after considering all the relevant facts and circumstances.
Answered on Sep 13th, 2011 at 6:27 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The court in Washington makes a fair and equitable division of all assets, but cannot divide social security because it is a federal benefit, but can consider it and order maintenance to you after considering it.
Answered on Sep 12th, 2011 at 3:58 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Yes to SS after 10 yrs. of marriage. Yes to some percent of pension depending upon the merit of your position.
Answered on Sep 12th, 2011 at 3:32 PM
Theodore W. Robinson
Yes, if the parties have been married for a minimum of ten years before the Divorce is finalized.
Answered on Sep 12th, 2011 at 3:24 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes, but not as part of the divorce. If you were married at least 10 years, you are eligible for a portion of your spouse's social security benefits according to Social Secuirty laws. The divorce court does not have authority to divide ss benefits.
Answered on Sep 12th, 2011 at 3:24 PM