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:
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.