California divorce social security benefits


Eligibility for Divorced Spouse’s Survivors Benefit

The employment contract will determine when an employee begins to earn those credits.

In a pension, there is no money in an account. The monthly payments are based on the credits earned and are distributed upon retirement.

Social Security Spousal and Divorced Spousal Benefits

Social Security benefits, on the other hand, are separate property under federal law, which preempts state law. Social Security is not transferable, nor can it be assigned by the wage earner.

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There are, however, derivative rights upon divorce if:. This difference between the state laws governing pensions and federal laws governing Social Security resulted in an extreme sense of imbalance for Annette Peterson in her divorce from her husband John Peterson. At the time of her divorce, Annette had accumulated more than 14 years of service credits. Remember, Annette was prohibited from contributing to Social Security—requirement number one for derivative benefits.

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Today, there have been some adjustments made to limit this type of imbalance but depending on the amounts paid into social security and the amount of the pension benefit, even with these adjustments, the Peterson case would have resulted in a similar outcome. John and Annette separated on February 17, and filed for divorce around that time.

They agreed on all aspects of their divorce their children and their assets and debts with the exception of this one issue: the pension. The issue was tried at the superior court county level and then appealed to the California Supreme Court.

How divorce affects Social Security benefits.

That Supreme Court Ruling was filed January 11, That is nearly six years of uncertainty, court battles, and legal fees. The wife prolonged making the divorce final for nine months in order to make sure she would qualify for benefits on her soon-to-be ex-husband's record.


  • Social Security Survivor Benefits for Divorced Spouses | DisabilitySecrets?
  • Divorce and Social Security Spousal Benefits?
  • How Divorce Affects Social Security and Retirement Accounts.
  • Can I collect half of my ex’s Social Security after we divorce? - FMBK Law, LLP;
  • If you do get remarried, you are eligible for spousal benefits on your new spouse's record, Smith said. You generally must be married for one year to be eligible assuming you are still married and have reached age If your ex-spouse is deceased, however, you can claim survivor benefits starting from age Remarrying before age 60 will cut off your eligibility to collect on your first spouse's record if they are deceased, Smith noted.

    If you wait until age 60 or after to remarry, you can still collect those survivor benefits from your previous spouse. Piershale knows a couple who got married in their late 50s, making the individual with a deceased previous spouse ineligible for survivor benefits. Your tax-bill bonus may leave you disappointed 4 steps to help you kick your bad debt habits for good One big way to play the new tax law: Start an LLC. Sign up for free newsletters and get more CNBC delivered to your inbox.

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    Skip Navigation. Markets Pre-Markets U. Key Points. If you were previously married for 10 years or more, you may be eligible to collect Social Security benefits on your ex-spouse's record.

    Social Security Benefits in a Divorce: FAQ - The Edmunds Law Firm

    Remarrying generally makes it so that you cannot collect your ex-spouse's benefits. Experts recommend you assess your Social Security prospects before that second trip down the aisle.

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