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Can Social Security Be Included In A Divorce Settlement? Skip to content

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I'm getting divorced. My husband wants the settlement agreement to say I cannot get ex-spousal benefits. Is that legal?

En español | No. Your soon-to-be ex-spouse has no control over your future benefits. You can qualify for a divorced spouse's benefit if all of the following are true:

  • You and your ex were married for at least 10 years.
  • You are now unmarried.
  • You are 62 or older.
  • Any benefit from your own work record would be less than a divorced spouse's benefit.

Published October 10, 2018

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