How Divorce Affects Retirement Benefits

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Suppose your spouse divorces you a few years after they begin collecting their pension? If they chose to take a lesser amount at retirement so you would receive a larger monthly check should they pass away first, can they take it back? If they re-marry can they just substitute the new spouse for you? How would you know if they did either of these or anything adverse to your interests?

Grace Greyston of NC 12:54PM February 01, 2013

The process for the distribution of marital assets in divorce can be an arduous task, but it is critical in order to ascertain proper distribution. http://psg-bryan.com/marital-assets-in-divorce/

BP Bernard of TX 9:50AM January 26, 2013

I was married for 22 years. I receive 1/2 of my ex husband's pension for the years we were married. (It was a 30 yr pension... he gets 8 full years plus 1/2 of the 22 yrs we were together). I just recently remarried. The pension was considered "marital property" so - my remarriage will not affect the amount I get, right? This is Illinois.

shelley of IL 3:52PM October 26, 2012

Can an ex-spouse (disabled) get support from the retired spouse who lives in Dallas, divorce decree in (houston) and disabled spouse lives in Colorado. Finances were never discussed and all bank accounts, insurances and assets were closed out from me. I was not able to afford a Texas attorney. Everything was taken from me. I do get SSD and was divorced in July 2010. He is getting Social Security and income from TIAAF. He is 65 and I am 56. Can I fight this without the benefit of an attorney?

J Jackson of CO 1:09PM October 13, 2012

I feel the SS law should be changed to qualify to draw benefits under the ex-spouse if you were married 10 or more years, it should have something like married 10 or more years and not divoreced within 7 years of the ex-spouse drawing SS. The SS system is already over burdened and only US citizens should be allowed to draw - period.

Colt of TX 8:23AM May 09, 2012

I was married 1968 til 2003 for 35 yrs and had 4 children with my ex. I am now 62 years old. How can I claim for his retirement benefit?
Sincerely

Hoa Tran of VA 6:35PM May 05, 2012

My husband and I are considering a divorce. He is threatening me with taking all of my retirement which is not much. We do have a house worth more than my retirement. Would we have to sell the house before or after the divorce and split monies equally?

Lolita White of TN 9:06AM April 30, 2012

My husband and I are considering a divorce. He is threatening me with taking all of my retirement which is not much. We do have a house worth more than my retirement. Would we have to sell the house before or after the divorce and split monies equally?

Lolita White of TN 9:04AM April 30, 2012

Great article. Now have been able to refer this article to a close friend whose wife wants 50% of his retirement for funds he had when they married. They have only been married 6 years and he has only contritubed to retirement for the first 2 of those years. Her retirement is more than his so if she doesn't back off he is going to take half of hers for the last six years. Good way to start the day.

lhj of KY 9:41AM February 16, 2012

Isn't there a law that you have to be married at least 10 years or more before the spouse get any entitlement to the retirement. And what if they are not a U.S. citizen.

Deborah of VA 1:42PM November 17, 2011