Am I entitled to my ex husbands social security and retirement benefits? 18 Answers as of August 24, 2011

I was married to my ex husband for 26 yrs. I've been retired on Social Security Disability for about 20 yrs. When he reaches the age to collect Social Security Retirement Benefits, am I entitled to any of that?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The court will make a fair and equitable division of your assets and liabilities.
Answer Applies to: Washington
Replied: 8/24/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
These are issues that should have been dealt with at the time of the divorce.
Answer Applies to: Connecticut
Replied: 8/10/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Federal social security benefits are not considered marital property subject to equitable distribution in Colorado. They are, however, income that can be considered in connection with all support issues that need to be resolved in a divorce.
Answer Applies to: Colorado
Replied: 8/8/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
You should call the social security office to have them run a comparison. You may be entitled to an increase based upon his record - if it is more than your record. They don't reduce his benefit at all, just increase yours if you were married at least 10 years and half his record is more than yours. If there were some other retirement benefits or accounts, you would have been awarded that in your divorce judgment but typically another legal order needs to be drafted and sent in for you to receive those benefits. You should check your judgment and paperwork.
Answer Applies to: Wisconsin
Replied: 8/8/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Yes, but you need to check with the Social Security Office in your area to determine how it would effect your disability.
Answer Applies to: Alabama
Replied: 8/8/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    As of today, yes you are entitled to an allowance based upon his income.. But things change, and so you should check with your local Social Security Office when he retires.
    Answer Applies to: Ohio
    Replied: 8/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Depending on details you did not post you may be able to draw based on his earnings. Call Social Security to find out.
    Answer Applies to: Georgia
    Replied: 8/6/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If you are divorced, your divorce decree says what you are entitled to.You may be able to claim a higher amount of social security because of your 10 plus years of marriage than you would be entitled to on your own.
    Answer Applies to: Washington
    Replied: 8/6/2011
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Take your judgment of dissolution (divorce) into your local social security office and they can tell you what you're entitled to and when.
    Answer Applies to: California
    Replied: 8/6/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Since you were married for more than 10 yrs., then Yes you are entitled.
    Answer Applies to: Pennsylvania
    Replied: 8/6/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    If you have not remarried, you may be entitled to a portion of your ex-husband's Social Security retirement benefits.
    Answer Applies to: Louisiana
    Replied: 8/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You are not entitled to his benefits. You may be entitled to your own benefits based on your spouse's work history since you have been married more than ten years.
    Answer Applies to: Minnesota
    Replied: 8/5/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    I recommend you speak with Social Security to obtain clarification. My recollection is that a spouse can choose (but not have both). I recall I had a case where wife chose her social security retirements because benefits under her husband's social security were LESS than she would receive if she received under her retirement benefits.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Your divorce decree should have awarded you a percentage of his retirement based on the length of marriage and his length of employment. If you are unsure as to whether this was done at the time of your divorce, you should contact an attorney so that they can review your case with you.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    I believe that you are entitled to collect off of his social security or yours, whichever works out best for you. But there are lots of rules regarding this, so consult with a social security lawyer. You can also go to the social security office and they should be able to help you.
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    To know what you may be entitled to, you would have to look at the divorce decree. That should tell you what, if any, of your ex-spouse's retirement you may be entitled to.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Call social security. They can tell you exactly what you are entitled to.
    Answer Applies to: Wisconsin
    Replied: 8/5/2011
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