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?
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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.
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