Am i eligible for ex spouse social security benifits at retirement age

[rebeccaleon]

My husband filed for divorce in his residing state of Missouri as I live in the state of Arizona.
the petition papers lists his pension, 401k. My question is will I still be able to draw from his
social security benefits after we are divorced? or is his social security and pension, 401k one
in the same.

 

[LdiJ]

If you were married for at least 10 years, and you do not remarry, then you could draw SS retirement benefits based on his work credits, if those would produce a better result than your own credits.

In the divorce, you should end up with a share of his pension and 401k, based on the length of your marriage. If you do not have an attorney, you need to get one.

 

[HRZ]

MO is an equitable distribution state ...and alll assets including pensions acquired during course of marriage that are not otherwise separate property like inheritances, are up for division .....you best be planning on using MO attorney rather soon to advocate your position.

 

[rebeccaleon]

So regardless of the divorce outcome, it's correct to say the pension and 401k is not the same as his
social security benefits and has no bearing on the divorce, is that right?

 

[LdiJ]

So regardless of the divorce outcome, it's correct to say the pension and 401k is not the same as his
social security benefits and has no bearing on the divorce, is that right?

The 401k and pension do have bearing on the divorce because the divorce decree should order that you get your fair share of those assets.

You being able to claim social security benefits on his work credits is automatic as long as you were married at least 10 years. The divorce cannot change that.

 

[PayrollHRGuy]

So regardless of the divorce outcome, it's correct to say the pension and 401k is not the same as his
social security benefits and has no bearing on the divorce, is that right?

That is correct.