Q: My soon to be ex husband works in law enforcement and has a pension plan. Will he also be getting social security?
Do I need to ask for that in the divorce agreement?
A:
In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered separate sources of retirement income.
When going through a divorce, it is important to discuss all assets and sources of income, including pensions and potential Social Security benefits. You should ensure that the division of assets and future income sources is fair and equitable. This can include a portion of the pension plan if it was earned during your marriage.
It is also helpful to know that Social Security benefits are typically not subject to division in a divorce. However, as a spouse, you might be eligible for benefits based on your ex-husband's earnings if you meet certain criteria. Make sure to address these points in your divorce agreement to protect your financial future.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
