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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118253
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was married 21 years to someone and now being divorced since May 12, 2003 I have

Customer Question

Hello I was married 21 years to someone and now being divorced since May 12, 2003 I have become disabled and living on SSI. In the divorce decree it was stated that I would not be entitled to any form of pensions, retirement such I presume of 401K, or SS. Can you please help me to understand what are my rights concerning this issue. My ex-spouse was and still is a financial advisor after coming out of the position of Clergy.
Thanks for your respond,
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If there is a divorce court order from 2003 that says you are not entitled to those benefits, I am afraid that you would not have any right to claim any of his pensions, retirement plans, 401K. You can, if you qualify, still file a claim with Social Security to seek the spousal benefit if your ex's Social Security benefit is more than your benefit and you would be able to collect your social security retirement benefit based off of your ex's amount (as long as you have not remarried) if it is higher than yours. You collecting off of the SS Spousal Benefit would not disrupt or change your ex's benefit, so therefore he cannot prevent you from collecting that benefit.Otherwise, because the court decree said you are not entitled to any of the other benefits, I am afraid that you could not seek them now.