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Will my husband ex wife get his pension and Social security pension? .

Bridgeport, OH |

They are married from 6/1996 separated 1/2000 divorce 8/2002 she has been remarried again, to another man and got divorce question is will she get my husband pension and social security when he retire, because of the long period they are married...?

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Attorney answers 3


I can't speak to the social security because I do not deal with social security benefits but as far as a private employer's pension plan, his ex-wife would only receive a portion of his benefits if the divorce decree divided his pension benefits.


What does his divorce decree say in regard to her rights under the QUADRO which forms part of your divorce decree.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.


An ex-spouse can receive benefits based on your record (even if you have remarried) if:

Your marriage lasted 10 years or longer;

Your ex-spouse is unmarried;

Your ex-spouse is age 62 or older;

The benefit that your 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 work; and

If your divorced spouse remarries, he or she generally cannot collect benefits on your record unless their later marriage ends (whether by death, divorce or annulment).

Based on a six year marriage the divorced spouse will not qualify.

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.