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Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 12675
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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My wife and I have separated and my lawyer informed me she

Customer Question

My wife and I have separated and my lawyer informed me she is entitled to half my social security. She receives a state pension now. Will I receive only half my social security when our divorce is final?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: The lawyer informed me she is entitled to half my estate including my social security, my 401K , but does this mean I will only receive half my social security. I am currently drawing my social security plus I am working.
JA: Is there anything else the Accountant should be aware of?
Customer: He is aware of all my business. I have been in contact with him as well as my wife for many years.
Submitted: 3 months ago.
Category: Social Security
Expert:  Lane replied 3 months ago.



There's no way to answer that question COMPLETELY safely without asking your attorney but yes, if it was in the separation agreement, and she is unmarried by divorce, annulment, or death, then that's certainly possible and legal.


Things might be worked out such that you can keep the Social Security is it's made up for elsewhere, but yes this happens commonly.