An ex-spouse can receive benefits based on his record (even if he has remarried) if:
The marriage lasted 10 years or longer;
The ex-spouse is unmarried;
Your ex-spouse is age 62 or older;
The benefit that the ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your husbands work; and
If the divorced spouse remarries, he or she generally cannot collect benefits on the spouses record unless their later marriage ends (whether by death, divorce or annulment).
Based on a three or four year marriage the divorced spouse will not qualify.
As to pensions that is usually defined by the divorce decree.
Disclaimer Information on this site is provided by attorney Clint Curtis as general information and not specific legal advice. Specific advice can only be provided after a complete analysis of all information related to the asker. No attorney-client relationship is established by the use of the information provided. If you have additional questions please contact the law office.
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