<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by judy lill:
Legal action was started in 1997 for a divorce. In california I understand that I must be married for ten years before I can draw on my to be X-husband. When I am 65 (I am 62 now) he will be 62. he will not draw at 62. Must I wait until he is 65 to draw on his ss?<HR></BLOCKQUOTE>
My response:
Judy, you cradle robber, you!
Yes, you must wait until Social Security vests to the person entitled to it. Until he starts drawing, no one can touch it.
Derivative social security benefits (as distinct from the employee spouse's "primary" social security benefits, above) are payable to a spouse or ex-spouse after the employee's retirement following a marriage that lasted at least 10 years, measured from the date of marriage to the date the marriage is dissolved. [42 USCA §§ 402(b), 416(d)]
Likewise, ex-spouses who have reached age 62 and who were married to the employee for at least 10 years and divorced for at least two years are eligible for derivative social security benefits if the employee (now former) spouse will be eligible for social security primary benefits upon retirement. [42 USCA § 402(b)]
Under preemptive federal law, these derivative benefits are the ex-spouse's separate property. [Marriage of Hillerman, supra, 109 Cal.App.3d at 343-345, 167 Cal.Rptr. at 245-246]
The operative phrase here is "on retirement." There is no law that says he must "retire" at age 62; he can, theoretically, wait until age 65 before he "must" draw his Social Security. And, if Congress has it's way, he won't be eligible for full benefits until he "must" draw at age 70.
IAAL
IAAL
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