Legal Question in Family Law in Illinois

im getting divorced after 27 yrs. I have a job that does not pay into SS. Yes she is entitled to half my pension, besides me being entitled to half her pension am I entitled to a portion of her eventual SS benefits when we reach that age?


Asked on 4/04/15, 1:22 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Social Security is not divisible in a divorce Prohibited by federal law. As you have been married for more than 10 years, you are treated as a spouse even after you are divorced So if and when you would qualify as a spouse for ss benefits, you can apply for them. However you can not double dip. If you collect your pension that didn't contribute to ss, that may offset what you would be entitled to from ss. They do not cheat you at ss. You get what you are entitled to.

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Answered on 4/05/15, 7:11 am


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