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Friday, August 17, 2012

DIVORCE CONSIDERATIONS ON RETIREMENT AND SOCIAL SECURITY

  • Pensions are joint assets, and can be divided in a divorce settlement. Your lawyer will need to prepare a Qualified Domestic Relations Order (QDRO) before your divorce is finalized.

  • If your marriage lasted for at least 10 years, you are eligible to collect on your ex's spousal portion of their social security pension, provided that you don't qualify to collect based on your own earning. If you qualify, you can collect once your ex-husband turns 62 (whether or not he retires), and the divorce has been finalized for over two years.

  • Unmarried children under 18 are entitled to survivor benefits if your ex-husband dies.

  • If you were married for at least 10 years, you qualify for the same survivor benefits as a widow

  • For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/ --

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