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Under California's community property law, your ex-spouse could be entitled to 50 percent of your pension in a divorce case.
You cannot claim divorced-spouse benefits tied to a living former mate if you are married. If you began drawing such ex-spousal benefits when you were single but then remarry, those payments will be terminated (except as noted below).
California Community Property Law: "The 10 Years Rule" In California, a marriage that lasts under 10 years will have a set duration of alimony, which is typically half the length of the marriage.
It depends on how the order was issued that granted her the pension benefits. Most likely, it was part of the property division in your divorce. If that is the case, then the payments cannot be stopped without her agreement.
The worker is eligible for the higher benefit, but he or she can't choose to take just the spousal benefits and allow his or her own benefits to keep increasing until age 70. If you remarry, you cannot receive benefits on your former spouse's record unless the new marriage ends (by death, divorce, or annulment).
A divorced ex-spouse who is at least 60 (50 if disabled) can also collect survivor benefits if he or she was married to the deceased for at least 10 years. Remarrying after turning 60 (50 if disabled) has no effect on survivor benefits.
Generally, no. As with other divided property, the ex-spouse's share of the pension remains his/her property. The pension is payable to an ex-spouse for as long as your pension is being paid to you or your qualified survivor.
Under California's community property law, your ex-spouse could be entitled to 50 percent of your pension in a divorce case.
In most instances, you must be married for at least one year prior to your retirement date for survivor benefits to be payable to your spouse. Review your beneficiary designation.
If you're getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount.