Does my ex-wife still get half of my retirement if she remarries?
Asked by: Vicente Hayes | Last update: January 17, 2026Score: 4.7/5 (22 votes)
Can my ex-wife still collect my pension if she remarries?
A division of pension accounts is a property settlement, which does not cease upon remarriage if /when you move on. The exception would be if you agreed to such a circumstance in your paperwork--so listen to your attorney--- don't do that.
Does my ex-wife get half my military retirement if she remarries?
Unless court ordered, remarriage of a former spouse will not stop the direct payment of retired pay as property.
Can an ex-wife collect Social Security if her husband remarries?
You can claim even if your ex has remarried. You can claim even if your ex hasn't retired and isn't receiving Social Security benefits (as long as your ex is at least 62 and you've been divorced at least 2 years). Claiming won't reduce your ex's Social Security benefits or their current spouse's benefits.
How much of my retirement is my ex-wife entitled to?
A general rule of thumb when it comes to splitting pensions in divorce is that a spouse will receive half of what was earned during the marriage.
How much of my retirement will my ex-wife get?
Can I lose my retirement in a divorce?
In California, all types of retirement benefits are considered community property, which allows CalPERS benefits to be divided upon a dissolution of marriage or registered domestic partnership or legal separation.
Can I stop my ex-wife from getting my Social Security?
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.
What benefits do I lose if I remarry?
If you're receiving spousal benefits based on your former spouse's work record, those benefits will generally end upon your getting remarried, but you may be able to receive benefits based on your new spouse's work record, or on your own.
Can two ex-wives collect Social Security?
If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
What are the three ways you can lose your Social Security?
- No. 1: Keep working while taking benefits early. ...
- No. 2: Be a substantially lower-earning spouse. ...
- No. 3: Be alive in 2034. ...
- Social Security still provides an important foundation for retirement.
How long does my ex-wife get my military retirement?
Under the 20/20/20 rule, an unmarried former spouse will be treated exactly the same as the retired military member, or as a spouse of a deceased military retiree. Note: Only former spouses meeting the requirements of the 20/20/20 rule are awarded these full military benefits for the remainder of their unmarried lives.
Does the second wife of a veteran get benefits?
Under 38 CFR 3.50, in order to qualify as a surviving spouse for Department of Veterans Affairs (VA) purposes, a person must be unmarried. Therefore, a surviving spouse who remarries is no longer eligible to receive VA benefits.
What are divorced military spouses entitled to?
The Uniformed Services Former Spouse Protection Act: Allows state courts to divide disposable military retired pay between the service member and spouse. Allows former spouses to receive a portion of retired pay directly from the government in some circumstances.
Does a 2nd wife get military retirement?
A new spouse becomes an eligible beneficiary on the first anniversary of marriage or the birth of a child of the marriage, if earlier. As an exception, a spouse divorced from a retiree who later remarries that retiree becomes an eligible beneficiary immediately upon remarriage if the member: Retired after Sept.
What percent of Social Security does a divorced spouse get?
If you qualify as an ex-spouse based on these criteria, your retirement benefit would be half of your ex's primary insurance amount, or PIA, so long as you claim at your full retirement age (FRA). The PIA is the benefit a person would receive if they elect to begin receiving retirement benefits at their normal FRA.
How long do you have to be married to get half of retirement in Texas?
If your spouse is found to have hidden assets, then it could result in them losing the right to all of those assets and even a possible jail sentence. Does it matter how long we were married? Most retirement accounts, such as 401(k)s are divided upon divorce regardless of how long the marriage lasted.
Can ex wife collect Social Security if she remarries?
How Remarriage Affects Survivors' Benefits. 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.
What is the 5 year rule for Social Security?
The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
Who gets Social Security benefits, first or second wife?
Marriage has its perks
Social Security covers both spouses, regardless of whether one or both brought home a paycheck over the years.
Is my ex-wife entitled to my pension if she remarries?
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.
What is the weird marriage rule for Social Security?
The current law requires that the widow be unmarried in order to claim widow benefits, unless the marriage occurred after the widow attained age 60. That is, a widow who remarries before age 60 has no claim to the widow benefits (so long as the remarriage remains intact) and therefore faces a marriage penalty.
Can a second wife collect Social Security from her husband?
When someone who was married more than once dies, who is eligible for their Social Security benefits? Anyone who was married to a Social Security beneficiary can potentially receive survivor benefits on the death of that person.
Is my husband's ex-wife really allowed to draw on his Social Security?
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.
How do I get the $16728 Social Security bonus?
Specifically, a rumored $16,728 bonus that had people wondering if it was true or not in 2024? Sadly, there's no real “bonus” that retirees who receive Social Security can collect.
How long can my ex-wife claim my pension years after divorce?
If your pension was not vested or had not matured at the time of your divorce, your ex-spouse may need to wait until it becomes eligible for distribution before she can make a claim. This means that even years after your divorce, they may have a valid legal claim to a portion of your pension once it vests or matures.