I am getting divorced after 16 yrs. of marriage. Can I ask for a portion of my husbands social security retirement pay?
Additional information
I have 2 children age 2.
Attorney answers (2)
If your husband is presently receiving social security your support may be based on whatever his income is (including the income from social security). If you husband is not presently receiving social security, you wouldn't get a portion of his pay but, when you qualify to retire, you may be entitled to choose between receiving your own social security benefit or a payment which is equal to one half of his benefit. This is just a measurement for how much you receive; it doesn't reduce the amount he gets.
You should talk with a local family law attorney about this to understand more completely how this works.
Alan Roel Rothstein
Reputation Level 13
Answered almost 3 years ago.
Family Law Attorney in Daly City, CA.
You can ask for just about anything, but Social Security benefits are governed by Federal statute and are not divided up by a divorce court as pensions and other property is. Call the Social Security Administration. If the children are minors when Dad retires or is disabled, minor children are awarded a benefit.
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