ANSWERS: 1
  • Possibly, but it depends on several factors. I am not familiar with the social security system in the US, as I live in Canada, so cannot provide much advice in that area. Were any settlements regarding any private pension plans made through a divorce order or a separation agreement? Pension contributions made during the marriage are considered a joint asset. If one partner has a pension plan and the other does not, the assets of the plan should be divided when the divorce order or the separation agreement is made. Their joint value is determined by the contributions made during the period that the two were married or living common-law. If the pension was not vested at the time of the separation (i.e., the pension plan was not locked in and the employee could withdraw their contributions in full if he or she left their employment), the value of the pension would be only that of the individual's contributions. Any funds put into a pension plan during employment would have been returned in full if the person left the employment of the company at the time of the separation. Therefore, that's all the pension would have been worth at the time. If the person had contributed $10,000, each party should have been awarded $5,000 when the assets of the marriage were divided. If the pension was vested (i.e., the person could not withdraw the money they had invested in the plan until they retired), an actuarial accountant would be used to provide an estimate of the value of the pension at the time it would be withdrawn (e.g., at retirement). This estimated value would be split 50-50 either when the property was settled or when the pension when it began to pay out. Your lawyer must have looked into these matters at the time of the divorce and you may have already received compensation for your ex-spouse's pension contributions. You may have signed away your rights to this during the divorce proceedings. However, you should review all of the legal documentation from the divorce to determine if a share of the pension is owed to you. I should note that any pension you contributed during the period you were married would be treated in the same way. If you were both working and earning the same approximate salary, the value of both your pensions could be the same and neither of you could receive compensation from the other. As far as social security - by which name I assume you live in the US - you would have to contact a government office to find out what you are entitled to. In Canada, a person cannot exclude their spouse from their Canada Pension Plan (CPP) benefits if their spouse was a dependent during their marriage, as was more common in the past. When the pension application is submitted and reviewed, a portion of the pension holder's income is paid directly to their spouse or to an ex-spouse who is entitled to a share. For example, my mother did not earn an income from a job during her marriage to my father, but received monthly CPP payments in her own name after he retired. The US may use a similar system. If not, you may be able to ask for a share of your ex-spouse's federal pension, if you were a dependent during the period you were married. Again, there would be an equalization between the value of his pension that was earned during the marriage and any contributions you made while you were married.

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