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Am I entitled to my ex-husband's retirement benefits after his death?

Am I entitled to my ex-husband's retirement benefits after his death?

Q: How long do you have to be married to be entitled to your husband's pension?

Typically, you must be married for at least 10 years to be entitled to a portion of your husband's pension benefits in the event of divorce. If you were married for 18 years, you would likely be entitled to a share of the pension benefits accrued during the marriage.

Q: Can a divorced woman collect Social Security from a deceased ex-husband?

Yes, a divorced woman can collect Social Security benefits based on her deceased ex-husband's record if they were married for at least 10 years and she is at least 60 years old. The benefits she can receive will not affect the benefits of his current spouse, if there is one.

Q: How long do you have to be married to get your husband's retirement?

To be entitled to your husband's retirement benefits in a divorce, you generally need to be married for at least 10 years. If you meet this requirement, you may be entitled to a portion of the retirement benefits accrued during the marriage.

Full question:

Married for 18 years and then divorced . Husband had 15 years retirement benefits from . During our marriage. I did not receive any portion due to bad attorney advice. He has recently passed away and there is no spouse living. Am I entitled to this retirement benefits?

Category: Wills and Estates
Subcategory: Stepchildren
Date: 04/07/2025
State: Washington

Answer:

Upon the death of a divorced spouse, any court-ordered withholdings from retirement benefits typically stop. If the retirement plan allows the member to choose a survivor's benefit option at retirement (like PERS or TPAF), those payments to a designated beneficiary continue. If the divorced spouse is named as the beneficiary under this option, they are entitled to receive the survivor's benefit for life. However, if someone else is designated as the beneficiary, the divorced spouse cannot claim any portion of the survivor's benefit paid to that individual.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long do you have to be married to get half of your spouse's retirement?

In most cases, you need to be married for at least 10 years to qualify for a portion of your spouse's retirement benefits in a divorce. This rule applies to many retirement plans, including pensions. If you were married for 18 years, as in your case, you would typically be entitled to half of the retirement benefits accrued during the marriage.

Does my ex-wife still get half of my retirement if she remarries?

If your ex-wife remarries, it generally does not affect her entitlement to a portion of your retirement benefits that were awarded in the divorce settlement. However, if she was designated as a beneficiary for survivor benefits, her remarriage may impact those specific benefits. It's important to review the terms of the divorce decree and the retirement plan.

Can an ex-wife claim my retirement years after divorce?

An ex-wife can claim a portion of your retirement benefits if it was specified in the divorce decree. Generally, this claim must be made while you are alive, as benefits typically cease upon death unless she is named as a beneficiary for survivor benefits. If she was not awarded any portion during the divorce, she may not have a claim after the fact.