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Divorce and spousal retirement benefit - Windfall Elimination

Divorce and spousal retirement benefit - Windfall Elimination

February 28, 2011 by admin

Sounds like you will qualify for divorced spousal retirement benefits assuming your husband had a sufficient work record (10+ years of work). If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits.

I'm not sure if Texas state teachers are covered by Social Security, although many state and local employees are covered by Social Security.

If you qualify for Social Security retirement benefits based on your work record, you will receive the higher benefit.

Note if you work for an employer who does not withhold Social Security taxes from your salary, such as a government agency or an employer in another country, the ­pension you get based on that work may reduce your Social Security benefits.

The Windfall Elimination Provision affects how the amount of your retirement or disability benefit is calculated if you receive a pension from work where Social Security taxes were not taken out of your pay. A modified formula is used to calculate your benefit amount, resulting in a lower Social Security ­benefit than you otherwise would receive.

http://www.ssa.gov/retire2/divspouse.htm

http://ssa.gov/pubs/10045.html

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