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Is wife entitled to ex husbands retirement?

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That is an issue that must be addressed in the separation agreement the parties enter into at the time of the divorce. If that issue is contested, the wife 's counsel must fight for a court order to that affect. Her chances improve the longer the marriage. You should consult with an attorney who specializes in family law.

Social Security:

If you have never asked Social Security about receiving benefits based on your ex-husband's work, you should do so. Many women get a higher benefit based on their ex-husband's work, especially if he is deceased. When you apply, you will need to provide his Social Security number. If you do not know his number, you will need to provide his date and place of birth and his parents' names.
The following requirements also apply to your divorced husband if his eligibility for benefits is based on your work. If your ex-husband is living you can receive benefits based on your ex-husband's work if:
  • Your marriage lasted 10 years or longer;
  • You are unmarried;
  • You are age 62 or older;
  • The benefit you are entitled to receive based on your own work is less than the benefits you would receive on your husband's work; and
  • Your ex-husband is entitled to Social Security retirement or disability benefits.

If he has not applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his work if you have been divorced from him for at least two years.

If your ex-husband is deceased, you can receive benefits-
  • At age 60, or age 50 if you are disabled, if your marriage lasted at least 10 years, and you are not entitled to a higher benefit on your own record.
  • At any age if you are caring for his child who also is your natural or legally adopted child and younger than 16 or disabled and entitled to benefits. Your benefits will continue until the child reaches age 16 or is no longer disabled. You can receive this benefit even though you were not married to your ex-husband for 10 years.
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