How Divorce Affects Retirement Benefits

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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

The divorce degree states that I wasmarried on 2/15/69 and divorced on 11/13/79. It also states (I think, but can't read the decree wording too well) 12/78 as separation date (we actually separated on Mother's Day in 1979). Is the ten years from marriage to date of divorce?

virginia layne of NY 9:23PM February 02, 2011

Well if you were a wife who's husband cheated and then didn't want to work on the marriage you would have a different opinion too. He has chosen for years to not put away in a 401 k and I being a teacher am entitled to a pension that I have worked for for 24 years. He chose to drink, sit in bars, gamble and such versus save and now I have to pay him- ridiculous!!!!

Lora Ruedt of WI 4:52PM October 22, 2010

i am 69 and my wife is 63..we are getting a divorce. she gets about 800. in ss benefits ,i get 1850 in benefits ...does she get all of her benefits pluse half of mine?

jack of FL 9:29AM October 11, 2010

Length of marriage should NOT be an auto-majik money machine as a male
ex I am already being extracted by someone who does not deserve one dime.
She also uses the trick of living with someone versus legal marriage to extend
this extraction. If you have to retire with the primary income being SS they
have no right to stop you from being able to retire, length of marriage does NOT
mean that the "quality of service" to that marriage was adequate. Maybe all
of these divorce laws are a piece of what is happening to marriage in this
country....why take the legal risk and get married??

spoken01 of SC 7:15AM September 16, 2010