Social Security
Even after you divorce your spouse, you may receive Social Security retirement or survivor’s benefits based on the record of your former spouse if you were married to the worker for at least ten years before a final divorce. However in order to receive benefits the law requires that you

• be at least 62 years old,
• currently unmarried and
• not entitled to higher retirement or disability benefits on your own record.

Railroad Retirement
Tier I benefits under the Railroad Retirement Act. Follow the same rules for divorced spouses that are described above for Social Security benefits.

Private Pensions
The Employee Retirement Income Security Act of 1974 (ERISA) gives spouses and divorced spouses some rights in a worker’s pension plan. This law requires that pension benefits paid at normal retirement age take the form of a joint and survivor annuity. A joint and survivor annuity is a benefit paid during the lifetime of the worker, with a survivor benefit to one other person, usually the spouse. In order for a divorced spouse to qualify for survivor benefits, the marriage must have lasted for at least one year.

The Retirement Equity Act of 1984 also makes it clear that pension benefits are subject to state family law, including divorce law. Practically speaking in Maryland, this means that a pension is "property" and can be divided as part of a divorce under Maryland law. While federal law generally prohibits assignment or giving away of one’s rights in a pension, it does permit assignment of pension benefits to a former spouse under a Qualified Domestic Relations Order, an order or judgment of a court relating to alimony or marital property rights. More on Qualified Domestic Relations Order

The impact of divorce on your finances will depend upon a number of factors that are unique to you.  If you are thinking about divorce, it is very important to consult with an attorney who can advise you specifically about your rights. Find a Family Law Lawyer

Last date Legally reviewed 5/21/00 (LAB/LB)