Original divorce agreement: If the divorce decree explicitly states that the pension is to be divided, the ex-spouse may still have a claim, even years later. State laws: Some states have statutes of limitations on claims against retirement assets, while others may allow claims to be made at any time.
There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”
Set Boundaries: If possible, limit contact with your ex to give yourself space to heal. Reflect on the Relationship: Consider what you learned from the relationship and what you want in the future. This can provide closure and help you move forward. Give it Time: Healing is a process that takes time.
In community property states, marital property, including pension, is divided in half. Nine states—California, Arizona, Idaho, Nevada, Louisiana, New Mexico, Washington, Texas, Wisconsin—and Puerto Rico follow community property guidelines.
Your former spouse must report the amount of apportionment they receive as taxable income and is required to pay taxes on this income.
This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.
Getting a Temporary Order in Family Court
A third way that you can get your ex to move out of the house is to get a temporary order in family court. To obtain one of these orders, you or your spouse must have previously filed a petition for divorce in the family court.
However, while your ex-spouse cannot prevent you from moving, any custodial parent contemplating a long-distance move away from an involved non-custodial parent should think long and hard before making that decision. The risks of losing custody are high in a relocation case, and the cost of litigation is expensive.
"The grief of losing a relationship and a person you loved can be one of the deepest pains," shares Jenkins. "It often inflames deep inner wounds of abandonment and rejection that can be very difficult for people to recover from without intentional effort.
DIVIDING YOUR PENSION
In its division of the assets, the court could decide to award an “in-kind” division of the pension – usually a 50:50 split of the community property share – assigning each party a percentage interest to be paid upon the member's retirement, termination, or death.
You can't receive Social Security survivor's benefits if you remarry before 60. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record. When you reach age 66, you may get retirement benefits from your new or current spouse's record if it is higher.
If a QDRO is not filed, the former spouse may not be entitled to any portion of the retirement asset. This means you could miss out on your share of the retirement funds. If any of the following occur before a QDRO is filed, you risk forfeiting all of your benefits: Your spouse retires.
With Social Security, the longer you wait to claim, the larger the amount of monthly payments you'll generally receive on your own work record. However, your benefit as an ex-spouse will not get any larger than half your ex's PIA. And, that is only if you wait until your FRA to claim.
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
Unless you qualify for an exception, you must still pay the 10% additional tax for taking an early distribution from your traditional IRA even if you take it to satisfy a divorce court order (Internal Revenue Code section 72(t)).
In a California divorce, a couple's community property will be divided between them (either as part of their settlement agreement or by the judge after a trial). Each spouse will usually keep their own separate property.
Regardless of whether you or your partner moved out before the divorce, both parties retain their rights to the marital home. However, the court may take your choice to leave the home into consideration when deciding how to divide marital property.
If a spouse refuses to leave the home after a dwelling exclusion order is in place, the other party may call the police on them, and they may face arrest and other legal penalties.
Negotiate an Enforceable Agreement.
If you have not had any luck trying to talk your spouse into leaving on your own, try consulting with a divorce attorney to assist you by making written demands or threatening a lawsuit.
If you are going through (or went through) a divorce, you must create a new deed to remove the ex-spouse from title to your house.
Both federal civil service and military survivor pensions terminate if the former spouse remarries prior to age 55. Also, any pension benefits awarded to you as alimony or spousal support, rather than marital property, will likely terminate upon remarriage.
If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.
Social Security benefits for a divorced spouse are calculated based on the ex-spouse's earnings record or their own earnings record, depending on which one is higher. You're entitled to half of your ex's benefits if you start collecting once you reach your full retirement age (FRA).