Legal Question in Administrative Law in Mississippi

Re: Is she entitled to any of my social security or 401K when I am elgilble to

If your 401k was an overlooked asset that was not addressed in any way in the divorce, it is possible that she may be able to later claim a portion.

Regarding the Social Security Old Age Benefits, Title 20, Part 404 of the Code of Federal Regulations states the rule as follows:

Sec. 404.331 Who is entitled to wife's or husband's benefits as a divorced spouse.

You are entitled to wife's or husband's benefits as the divorced

wife or divorced husband of an insured person who is entitled to old-age

or disability benefits if you meet the requirements of paragraphs (a)

through (e). You are entitled to these benefits even though the insured

person is not yet entitled to benefits, if the insured person is at

least age 62 and if you meet the requirements of paragraphs (a) through

(f). The requirements are that--

(a) You are the insured's divorced wife or divorced husband and--

(1) You were validly married to the insured under State law as

described in Sec. 404.345 or you were deemed to be validly married as

described in Sec. 404.346; and

(2) You were married to the insured for at least 10 years

immediately before your divorce became final;

(b) You apply;

(c) You are not married. (For purposes of meeting this requirement,

you will be considered not to be married throughout the month in which

the divorce occurred);

(d) You are age 62 or older throughout a month in which all other

conditions of entitlement are met; and

(e) You are not entitled to an old-age or disability benefit based

upon a primary insurance amount that is equal to or larger than the full

wife's or husband's benefit.

(f) You have been divorced from the insured person for at least 2

years.