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  1. #1
    sadmother29 is offline Junior Member
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    Exclamation How long do you have to be married to be entitled to spouse's Social Security?

    What is the name of your state? NY

    How long do you have to be married to be entitle to your spouse's social security, pension? My husband and I are divorcing and we had been married for 10 years.
  2. #2
    mango2k is offline Junior Member
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    Quote Originally Posted by sadmother29
    What is the name of your state? NY

    How long do you have to be married to be entitle to your spouse's social security, pension? My husband and I are divorcing and we had been married for 10 years.

    I live in Florida. However, from what I've been told from various lawyers, 10 years for all his benefits -- stock plans, pensions, 401k, social security, etc., etc.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by sadmother29
    What is the name of your state? NY

    How long do you have to be married to be entitle to your spouse's social security, pension? My husband and I are divorcing and we had been married for 10 years.
    A judge can't give you part of his social security. Social Security isn't divisible. A judge could perhaps award some sort of future alimony/spousal support based on SS...but that would be incredibly unlikely. You also would not be entitlted to survivor's benefits unless you are his widow at the time of his death or have custody of his children or other legal dependents.

    Whether or not a judge can rule that you would be entitled to a share of a pension depends entirely on the type of pension....and whether or not that pension is legally divisible.

    However, for anything like a 401k or IRA, you would be entitled to a share of what accumulated during the marriage. You don't have to be married for any specific length of time to be entitled to that....and of course it works in reverse as well.
    Last edited by LdiJ; 08-30-2005 at 06:50 PM.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by mango2k
    I live in Florida. However, from what I've been told from various lawyers, 10 years for all his benefits -- stock plans, pensions, 401k, social security, etc., etc.
    That honestly isn't accurate. It may be accurate in Florida for some of the items you listed....but its definitely not accurate for others.
  5. #5
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by LdiJ
    That honestly isn't accurate. It may be accurate in Florida for some of the items you listed....but its definitely not accurate for others.

    My response:

    Oh, geez! Look who's espousing accuracy!

    Get off the forums, Ldij.

    IAAL
  6. #6
    nextwife is offline Senior Member
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    [url]http://www.ssa.gov/gethelp1.htm[/url]

    "If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits. If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce, or annulment)."

    As to other retirement, only those accrued DURING the marraige are subject to division..
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by nextwife
    [url]http://www.ssa.gov/gethelp1.htm[/url]

    "If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits. If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce, or annulment)."

    As to other retirement, only those accrued DURING the marraige are subject to division..

    While that is accurate (as far as the SS is concerned)....its more complicated than it sounds. Its only valid if the ex's SS record would give a person a higher benefit than their own record...or if there is never a remarriage...and the ex has to actually be retired....and it doesn't necessarily result in "sharing" the ex's benefit. Nor can a state court judge make any orders as far as SS is concerned.

    Basically....unless someone divorces after they are retired SS is not really a factor, and shouldn't be considered....and won't be part of the divorce because whatever rules are in place with SS when retirement happens is what will rule....and those "rules" change almost yearly.

    Heck...its possible that by the time that this poster reaches retirement age that no advice that anyone gives today could even be remotely correct.

    Therefore.. SS can't be a factor in a divorce case.

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