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Civil Service Retirement & Social Security

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mtnester

Junior Member
What is the name of your state (only U.S. law)? Alabama

I was awarded 1/2 of my ex husband's civil service retirement in our divorce. I know I must claim it as income, but can he deduct it on his return like he does my alimony?

Regarding Social Security, I learned I can draw 50% of his SS because we were married for 37 years. Will that stop if he dies before I do? Or can I continue to draw on his SS after his death?

Thank you for your assistance.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Alabama

I was awarded 1/2 of my ex husband's civil service retirement in our divorce. I know I must claim it as income, but can he deduct it on his return like he does my alimony?
You should probably have an attorney look it over. I would guess that it's not taxable to you at the time of the award or deductible to him because it's property division, not alimony.

It would, however be treated as retirement income when you withdraw it - so it would be taxable as normal income to whatever extent civil service retirement would be.

Regarding Social Security, I learned I can draw 50% of his SS because we were married for 37 years. Will that stop if he dies before I do? Or can I continue to draw on his SS after his death?
You continue to draw it after his death.
 

mtnester

Junior Member
It would, however be treated as retirement income when you withdraw it - so it would be taxable as normal income to whatever extent civil service retirement would be.
He's already drawing it and I got my first check from the government recently. I guess if he deducts something he's not entitled to, it is his problem.

Thanks for the SS answer.
 

nextwife

Senior Member
You do NOT get half of HIS SS benefits. You get benefits based on his record, as follows:

Benefits for your divorced spouse


If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) i

Your marriage lasted 10 years or longer;

Your ex-spouse is unmarried;

Your ex-spouse is age 62 or older;

The benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your work; and

You are entitled to Social Security retirement or disability benefits.

If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two years.

If your divorced spouse remarries, he or she generally cannot collect benefits on your record unless their later marriage ends (whether by death, divorce or annulment).

If your divorced spouse is eligible for retirement benefits on his or her own record we will pay that amount first. But if

the benefit on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount (reduced for age)

your divorced spouse has reached full retirement age and is eligible for a spouse's benefit and his or her own retirement benefit, he or she has a choice.

Your divorced spouse can choose to receive only the divorced spouse's benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

If your former spouse
continues to work while receiving benefits, the same earnings limits apply to him or her as apply to you. If he or she is eligible for benefits this year and is also working, you can use our earnings test calculator to see how those earnings would affect those benefit payments.

will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected.

The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
Benefits for your divorced spouse

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:

Your marriage lasted 10 years or longer;
Your ex-spouse is unmarried
Your ex-spouse is age 62 or older;

The benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your work; and

You are entitled to Social Security retirement or disability benefits.

If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two years.

If your divorced spouse remarries, he or she generally cannot collect benefits on your record unless their later marriage ends (whether by death, divorce or annulment).

If your divorced spouse is eligible for retirement benefits on his or her own record we will pay that amount first. But if

the benefit on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount (reduced for age).

your divorced spouse has reached full retirement age and is eligible for a spouse's benefit and his or her own retirement benefit, he or she has a choice.

Your divorced spouse can choose to receive only the divorced spouse's benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

If your former spouse
continues to work while receiving benefits, the same earnings limits apply to him or her as apply to you. If he or she is eligible for benefits this year and is also working, you can use our earnings test calculator to see how those earnings would affect those benefit payments.

will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected.

The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
 

LdiJ

Senior Member
He's already drawing it and I got my first check from the government recently. I guess if he deducts something he's not entitled to, it is his problem.

Thanks for the SS answer.
Just to be clear, if you are receiving the benefits directly from the government, then you will get your own 1099R at tax time, and your ex will get a 1099R that is only for the portion HE recieved. Therefore both of you will include just the amount actually received on your tax return. He won't have to deduct anything because it will already be deducted.

Even though its a property settlement, its not after tax money, which is why its still taxable.
 

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