Divorced Spouses and Retirement Income: Your Rights Explained

It's a common question during and after divorce: if your ex-spouse retired from a job they started post-divorce, are you entitled to any of their retirement income? The answer can be complex and often depends on several factors, including your divorce decree, the specific type of retirement income, and the length of your marriage.

Spousal Benefits and Social Security

If you were married to your ex-spouse for at least 10 years and are not currently married to anyone, you may be eligible to claim spousal Social Security benefits based on his work record. However, if you have been regularly working and earning your own income, your personal Social Security benefits are likely to be more beneficial, and you may also qualify for the Survivor Benefit based on your deceased husband's contributions. It's crucial to consult with an attorney to understand your rights more comprehensively.

Divorce Decree Specifics

The terms of your divorce decree play a significant role in determining your rights to your ex-spouse's post-divorce assets, including retirement income. If the retirement income is clearly listed in your divorce agreement, your claim may be stronger. However, if the job and its associated income were not addressed in your divorce decree, you are generally not entitled to any of the post-marriage benefits.

Separate Assets Post-Divorce

Your ex's retirement income is considered a separate asset, gained post-divorce. Even if a former spouse started a job during your marriage and later retired, any retirement benefits associated with that post-marriage employment do not automatically entitle you to a share. The same principle applies to other types of post-marriage assets, such as lottery winnings. These are personal and separate property that do not revert to your ownership post-divorce, unless specifically stipulated in the divorce agreement.

Same-Sex Marriage and Remarriage

It's important to consider the specifics of your situation, such as whether you were married for at least 10 years and whether you have remarried. If you remarried, you generally lose your eligibility for claiming spousal benefits on a previous ex-spouse's Social Security record. However, if your marriage was less than 10 years, you may still be eligible for certain benefits, provided the divorce terms do not preclude this.

Consulting Legal Advice

Given the complexities involved, it's crucial to consult with a legal professional to determine your specific rights. An attorney can review your divorce decree, assess the terms of any separation agreement, and advise you on your eligibility for benefits such as spousal or survivor Social Security. Legal advice can help you navigate these intricate details and ensure you understand all of your rights and options.