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Social Security wavier

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redhead2264

Junior Member
Texas. My ex-husband is getting a retirement fund and his job is saying he needs a wavier signed from me before they can release it to him. Is this true and where can i get the wavier?
Thanks
Jana Ansteth
 


M

MFinancier

Member
redhead2264 said:
Texas. My ex-husband is getting a retirement fund and his job is saying he needs a wavier signed from me before they can release it to him. Is this true and where can i get the wavier?
Thanks
Jana Ansteth
Click to expand...
This may be a waiver for a survivior benefit annuity. Were you awarded a portion of his pension or an immediate offset against other assets? If you got an immediate offset, the survivor annuity will not be needed, and since it reduces his benefits...that may be why they want you to waive it. DON"T sign anything until you have your attorney find out the facts. Social security benefits based on 50% of your ex husbands benefits are automatic if you were uninsured and married for at least 10 years and start when you turn 62 (assuming he is at least 62 as well) on a reduced basis (50% if you wait until you are 66)...as long as you are not remarried. These benefits don't cost him anything...and should not be waived!
 
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B

Bali Hai

Senior Member
MFinancier said:
This may be a waiver for a survivior benefit annuity. Were you awarded a portion of his pension or an immediate offset against other assets? If you got an immediate offset, the survivor annuity will not be needed, and since it reduces his benefits...that may be why they want you to waive it. DON"T sign anything until you have your attorney find out the facts. Social security benefits based on 50% of your ex husbands benefits are automatic if you were uninsured and married for at least 10 years and start when you turn 62 (assuming he is at least 62 as well) on a reduced basis (50% if you wait until you are 66)...as long as you are not remarried. These benefits don't cost him anything...and should not be waived!
Click to expand...
1) You ASS-U-ME the pension is in the form of an annuity.

2) Are you SURE that she can just start receiving SS benefits at age 62 providing the earning spouse is also 62?? Seems I have read somewhere that the earning spouse must apply and receive benefits BEFORE she can collect any benefits on his work record.
 
LdiJ

LdiJ

Senior Member
Bali Hai said:
1) You ASS-U-ME the pension is in the form of an annuity.

2) Are you SURE that she can just start receiving SS benefits at age 62 providing the earning spouse is also 62?? Seems I have read somewhere that the earning spouse must apply and receive benefits BEFORE she can collect any benefits on his work record.
Click to expand...
I am not 100% on this, but I believe that her ability to apply for and collect benefits, is completely separate from his ability to apply for and collect benefits. Therefore no, I don't believe that he has to be collecting benefits.

I know for certain that she can still apply for and collect benefits even if he were to pass away before retirement age, therefore it doesn't make sense that he would have to be retired and collecting, in order for her to retire and collect.
 
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