Bellflower, CA asked in Family Law for California

Q: If a couple has been married for 34years and if they divorce does the woman get any of his benefits?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: What a spouse will get in such a situation depends on many, many, many things. The length of the marriage is only one component of the formula to decide who gets what. I would guess, however, that there is a good chance the woman should get something.

For example, if a marriage was longer than 10 years, a spouse can claim a share of their ex-spouse's Social Security retirement benefits.

I'd encourage you to find a lawyer in your area to discuss what other factors might factor in to how the community's assets are split.

Andy

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