After our divorce becomes final, am I entitled to my ex-spouse’s benefits?

If your ex-spouse is currently collecting Social Security, you may qualify for benefits; in some situations, you may get benefits even if your ex-spouse is not receiving them. To qualify, you must meet the following criteria:

1. You had been married for at least ten years;
2. You must be at least 62 years old; and
3. You must be currently unmarried and ineligible for an equal or higher benefit on your own Social Security record or on someone else’s record.

If you continue to work while receiving benefits, the same earnings limits apply to you as would apply to your ex-spouse. The amount of benefits that you receive will have no effect on your ex-spouse’s benefits or other benefits they may receive.

As far as the retirement/pension, if any of the pension was earned during the marriage, it would be considered marital. The non-participant spouse would be entitled to half the amount and subject to the same rules and regulations as the participant spouse.

Each plan is different, and a qualified pension expert would have to review the plan documents to ascertain the non-participant spouse’s share. A QDRO (Qualified Domestic Relations Order) is required in almost every case. Your attorney would usually give you the name of a qualified pension expert.

Bruce M. Berger is a Certified Public Accountant (CPA) and Certified Valuation Analyst practicing in Fort Lauderdale. He is the managing partner and owner of Bruce M. Berger and Company. He also co-runs a divorce mediation practice.