Bridgeton, NJ asked in Family Law for New Jersey

Q: Can I add a clause in my divorce requiring that my ex can’t get any of my future social security benefits NJ?

I’m not currently on SS benefits, but when I retire or should I become disabled (SSDI)

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1 Lawyer Answer
Michael A. Conte
Michael A. Conte
  • Pennington, NJ
  • Licensed in New Jersey

A: Your spouse will only be entitled to a benefit based on your social security income if your marriage lasted for over 10 years. If she makes a claim on your benefits, it will have no impact on the amount of Social Security retirement you receive. She also would not have a claim to social security disability that you might receive in the future (although disability income you receive may be considered at the point you begin receiving it in connection with a continuing claim for support -- if a justified support claim exists post-divorce). Because there is nothing that your spouse can do to affect your social security benefits, I do not believe it is necessary to require any provision to address this issue in a divorce judgment or settlement agreement.

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